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Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  tachniquaa  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
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□    Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


D 


□ 


n 


a 


Couverture  endommag^e 


Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pelliculie 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


□    Coloured  maps/ 
Cartes  g^ographiques  en  couleur 


Coloured  ink  (ie.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Rftlii  avec  d'autras  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serree  peut  causer  de  Tombra  ou  de  la 
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Blank  leaves  added  during  restoration  may 
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mais,  lorsque  cela  itait  possible,  ces  pages  n'ont 
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L'Institut  a  microfilm*  le  meilleur  exernplaire 
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sont  indiqute  ci-dessous. 


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Pages  damaged/ 
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Pages  restored  and/oi 

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D 


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Les  pages  totalement  ou  partinllement 
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Additional  comments:/ 
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Pagination  as  follows  :   [1]  -  [98],  99.  [1],  99    557,  [3]  p. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  rMuction  indiqu*  ci-dessous. 

18X  22X 


10X 


14X 


26X 


XX 


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y 

12X 


16X 


20X 


24X 


28X 


32X 


Th«  copy  filmed  her*  has  been  reproduced  thanks 
to  the  geneTosity  of: 

Seminary  of  Quebec 
Library 


L'exempiaire  filmA  fut  reproduit  grdce  k 
g4n*roslt4  de: 

S6minaire  de  Quebec 
Bibliothdqua 


The  images  appearing  here  are  the  best  quaMty 
possible  considering  the  condition  and  legibility 
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sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
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Lee  images  suivantes  ont  Ati  reproduites  avec  le 
piua  grand  soin,  compte  tenu  de  la  condition  at 
d«  la  nettetA  de  l'exempiaire  fiimi.  et  en 
conformity  avec  las  conditions  du  contrat  de 
filmage. 

Lee  exemplairee  originaux  dont  la  couverture  en 
papier  est  imprimAe  sont  filmte  en  commenpant 
par  ie  premier  plat  et  an  terminant  soit  par  la 
dernlAre  page  qui  eomporte  une  empreinte 
d'impression  ou  d'iilustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  lee  autres  exemplairee 
originaux  sont  filmte  en  commenpant  par  la 
premiAre  page  qui  eomporte  une  empreinte 
d'impreAsion  ou  d'iilustration  et  en  terminant  par 
la  dernlAre  page  qui  eomporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —h^  (meaning  "CON- 
TINUf  D").  or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  dee  symboles  suivants  apparaltra  sur  la 
demiAre  image  de  cheque  microfiche,  selon  le 
caa:  le  symbols  — »•  signifie  "A  SUIVRE  ".  le 
symbols  V  signifie  "FIN  ". 


I>4aps.  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  arm  filmed 
beginning  in  tha  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  framea  as 
required.  The  following  diagrams  illustrate  the 
method: 


Lee  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
filmte  d  dee  taux  de  rMuction  diff Arents. 
Loraque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  ciichA.  il  est  fiimA  A  partir 
de  I'angle  sup^rieur  gauche,  de  gauche  i  droite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  nteessaire.  Lea  diagrammes  suivants 
illustrent  la  m^thode. 


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4  qUB4 

COMMEKCIAL  LAT«ilSTEB, 

OF  THE 

INTERNATIONAL  MERCHANTS' 

PROTECTIVE  LAW  ASSOCIATION, 

BY  S.  F.  KNEELAND, 

COUNSELLOR  AT  LAW, 
OONXAHONG  A  L^T  OF  THE  LAW  MEMBEB8  OF  THE  A880CUTI0N. 

WITH  THKB  HOMB  TMTIMO«UM.  Aln)  A  COMPL.TK 

SYNOPSIS  OF  THE  STATE  LAWS  OF  THE  UNITED  STATES   ANn 
DOMINION  OF  CANADA.  RELATING  TO  cZS 

AND  OTHBB  MATTBaS  OF  WTKBEST  TO 

M^^OHAI^S.  MA^UFAOTHZ^.  ^  ^,  ^^  ^^^^^^^^_ 


febs^ 


..ii 


.-^rv 


„^^ 


ALBANY,  N.  Y.: 
P^i2^i;i2  ^  ^BBBICK,  BUSINESS  MANAGERS, 

LAW  BOOK  AND  LAW  BLANK  PUBLISHEK8.. 


^■■Ri 


Entered  according  to  act  of  Congress,  in  tlicyear  one  thousand  eight  hundred 

and  seventy-three, 

By  PARKER  &  HERRICK, 

In  the  office  of  the  Librarian  of  Congress,  at  Washington. 


AVEB^'  IBICK, 

PBINTBB  AND  STEBEOTTTEB, 
ALBANY,  N.  Y. 


PREFACE. 


ta  ,s  „„  department  of  commerce  of  mo^  importance 

than  the  prompt  enforcement  of  its  rights  and  liabilities 

Our  wonderful  chain  and  net-work  of  internal  comm  Jla 

ions  have  made  of  the  whole  nation  one  commercial  familT- 

hence,  mercantile  transactions  are  spread  over  a  vast  t»r  i-' 

cedit  .    Therefore,  when  Bills  Receivable  are  dishonored 

s"!  ofT  T"^  ''''^*"'  ^"^  ^'"^^  '"^  «-»-i 

Standing  of  the  merchant. 

The  chief  difficulties  to  be  met  with  in  the  practical 
en^r^ement  of  mercantUe  claims  ma,  be  CassLd  a! 

1st.  The  absence  of  correct  information  as  to  the  local 
laws  govemmg  the  rights  of  commerce  and  the  time  and 
manner  of  applying  its  remedies. 

2d.  In  the  selection  of  a  legal  correspondent  who  shall  be 
prompt,  energetic,  reUable  and  trustworthy  and 

8d.  In  securing  the  guaranty  of  legal  serdces  for  a  defi- 
mte  and  reasonable  compensation 

Thisworkisintendedtomeetandovercometheseobstacles 
of  each  State  affectmg  the  ordinary  transactions  of  business 


4  PREFACE. 

men,  and  the  legal  enforcement  of  past  due  claims,  and  by 
presenting  the  name  of  a  competent  lawyer  in  all  places  of 
importance  throughout  every  section  of  this  country  and 
the  British  American  Provinces.  To  insure  safety,  we  have 
not  only  selected  this  corps  of  correspondents  with  the 
greatest  caution  and  at  the  suggestion  of  competent  parties 
in  each  State,  but  have  obtained  and  publish  in  nearly 
every  instance  trustworthy  home  testimonials  of  their  char- 
acter and  standing.  The  members  of  this  Association  are 
bound  to  ti-ansact  all  business  intrusted  to  them  according 
to  the  terms  specified  in  this  work.  No  fee  bill  more  liberal 
to  creditors  can  be  devised  which  will  be  acceptable  to 
the  class  of  professional  men  comprised  in  our  membership, 
of  which  we  feel  justly  proud. 

Believing  that  this  work  is  based  upon  the  true  theory  of 
commercial  collections,  and  of  transacting  the  general  busi- 
ness of  the  law  between  different  States  and  Communities 
most  advantageously  to  both  Merchants  and  Members  of 
our  Association,  we  have  given  it  our  most  careful  and  ear- 
nest study  and  effort  during  the  past  year. 

We  gratefully  acknowledge  the  many  kind  favors  received 
from  our  members  in  the  preparation  of  this  work,  and 
trust  that  all  interested  in  our  Association  will  find  mutual 
advantage  in  the  extended  business  connection  it  offers. 

Albany,  July  1,  1873. 


THE    INTEENATlOJSfAL 
MERCHANTS' 

PEOTECTIVE  LAW  ASSOCIATION. 


This  .s  an  Association  of  indiridual  members,  united 
lor  the  purposes  of  mutnal  protection  and  benefit     The 
primary  object  was  the  combination  of  responsible  attor- 
neys m  different  sections  of  the  country  for  the  transaction 
of  legal  business  inter  ,e  at  certain  fixed  mtes,  but  it  was 
afterward  deemed  advisable  to  exten  1  its  usefulness  by  the 
adm,ss,on  of  mercantile  members,  for  the  purpose  of  aim- 
pMymg  and  protecting  all  coUectioa  and  legal  business 
throughout  the  Union.  ousmess 

Membekship. 
All  business  men  become  members  of  the  Association 
upon  the  purchase  of  this  book,  and  am  entitled  to  the 
colle*on  of  mercantile  claims  at  the  rates  specified  below 

Terms  fob  Collectiohs 
Under  $S0,  five  dollars;  over  $50  and  under  $200,  ten 
per  cent ;  on  larger  claims,  ten  per  cent  on  the  first  C 
and  two  per  cent  on  the  excess. 


6  PROTECTIVE  LA  W  ASSOC/A  TION. 

In  California,  Oregon,  Texas,  Louisiana  and  the  Terri- 
toriea  of  the  United  States,  ten  per  cent  commission  may 
be  charged  on  all  claims. 

No  charge  for  sermces  witJiout  collection,  except  by- 
special  arrangement,  our  clients  being  only  liable  for  actual 
disbursements  arising  within  the  limit  of  their  directions. 

Where  our  members  desire  to  have  old  or  doubtful  claims 
placed  in  judgment  to  save  outlawry,  or  hold  against  the 
debtor  for  future  contingencies,  the  work  will  be  performed 
at  the  most  reasonable  rat^^s,  to  be  agreed  upon  in  each 
particular  case. 

All  legal  services  other  than  collections  performed  at  the 
customary  rates.  When  claims  are  received  from  the  law 
members  or  from  other  attorneys,  unless  otherwise  specified, 
one-third  fee  shall  be  returned  to  the  sender. 

The  Association  Manual  will  be  published  biennially. 
All  memberships  expire  on  the  first  of  June,  1875.  Old 
members  will  then  have  preference  in  the  renewal. 

We  have  deferred  publication  on  account  of  delay  in  for- 
warding testimonials.  A  few  have  not  yet  been  received, 
which  we  expect  to  place  in  the  future  editions  of  this  work. 
Some  testimonials  and  names  of  attorneys  arriving  too  late 
for  insertion  in  the  body  of  the  work  will  be  found  in  the 
Appendix. 

The  address  of  the  Managing  Attorney  of  the  Associa- 
tion (Mr.  S.  F.  Kneeland)  will  be  No.  237  Broadway,  New 
York  city. 
All  orders  for  the  Manual  must  be  sent  direct  to 

PARKER  &  HERRICK,  Law  PxMisliers, 

496  Broadway,  ALBANY,  N.  Y, 


COMMERCIAL  LAW- 


AMD 


MEMBEKS  OF  THE  LAW  ASSOCIATION, 

ALPHABETICALLY  AEEANGED. 


INTERNATIONAL 


MERCHANTS'  PROTECTIVE 


LAW  ASSOCIATION  MANUAL. 


UNITED  STATES. 


ALABAMA. 


El^ACTMENTS   AFFECTING   COMMERCE. 


AoKNowLKDOMENTs.    See  Deeds. 

Aliens.     See  title,  «  Rights  of  Aliens.'' 
_   Arrest  m  Civil  CASEs.-The  Constitution  provides  against 
impnsonnient  for  debt  or  arrest  in  civil  actions,  whether  Sg 
on  contract  or  otherwise.  ^''^^o^ns 

Attachment  and  Garnishee  or  Trustee  Prooess.-Ah  attach- 
ment  may  issue  against  the  property,  real  or  personal,  of  a  defend- 
ant when  either  one  of  the  following  facts  appear  to  the  satisfac- 
tion of  the  court,  by  an  affidavit  made  by  the  creditor  or  his  agent : 

I8t.  Ihat  the  debtor  has  absconded,  or  secretes  himself,  so  that 
process  cannot  be  served  upon  him. 

2d.  That  he  is  a  non-resident  of  the  State,  or  is  about  to 
remove  his  property  out  of  the  State. 

Jf'  "^I'f  .^''  ^'''  fraudulently  disposed  of  or  is  fraudulently  dis- 
posing of  his  property.  '' 


I 


10 


ALABAMA. 


^  4i;h,  That  he  has  money,  effects  or  property,  sufficient  to  satisfy 
his  debts,  which  lie  fraudulently  withholds. 

Upon  any  money  demand,  whether  due  or  not,  by  executing 
a  bond  payable  to  the  defendant  in  a  penal  sum  equal  to  double 
the  amount  of  the  demand,  or  upon  making  affidavit  that  the 
creditor  is  unable  to  give  a  bond  wnth  sufficient  security. 

The  attachment  must  issue  during  the  pendency  of  suit,  and 
not  as  a  mesne  process  or  original  writ.  Under  it  the  goods  of 
the  defendant  may  be  seized,  the  same  as  upon  an  execution. 

Garnishment.— Vi^on  making  a  case  for  attachment  against 
the  principal  debtor  as  above  stated,  and  upon  a  further  affidavit 
that  such  process  is  necessary,  accompanied  with  a  bond  as  above, 
an  attachment  will  issue  as  a  garnishment  or  trustee  process 
against  any  of  the  debtors  of  such  defendant. 

Bills  of  Sale  are  valid ;  but  if  conditional,  and  not  followed 
by  delivery,  they  must  be  recorded  the  same  as  chattel  mortgages, 
to  entitle  the  vendee  to  hold  against  a  lonajide  purchaser. 

Chattel  Mortgages.— The  statute  provides  that  all  convey- 
ances of  personal  property  to  secure  debts  or  to  provide  indem- 
nity, are  inoperative  against  creditors  and  purchasers  without 
notice,  until  recorded ;  unless  the  property  is  brought  into  the 
State  subject  to  such  incumbrances ;  in  which  case  four  months 
are  allowed  for  the  registration  of  the  conveyance.  And  when 
property  is  removed  from  the  county  where  it  is  recorded  to 
another  county  in  the  State,  it  must  be  recorded  in  such  county 
within  six  months  after  removal. 

Mortgaged  property  must  be  recorded  both  in  tiie  county 
where  the  chattels  lie  and  where  tlie  mortgagor  resides. 

Deeds  of  Trust  are  recorded  the  same  as  chattel  mortgages. 

Deeds  and  Mortgages  : 

Conveyances  of  land  or  any  interest  tlierein,  if  executed  out  of 
the  State  and  within  the  United  States,  may  be  acknowledged 
before  one  of  the  following  officers :  judges  or  clerks  of  the  federal 
courts,  judges  of  any  court  of  record  in  the  State  where  taken, 
notaries  public  and  commissioners  for  the  State  of  Alabama. 
Acliiiowledgments  may  be  taken  out  of  the  United  States  by  any 
judge  of  a  court  of  record,  the  mayor  or  chief  magistrate  of  any 


ALABAMA. 


11 


city  or  town,  notaries  public,  or  by  uny  dirlomatic,  consular  or 
commercial  agent  of  tlie  United  States. 
Two  witnesses  are  required  when  the  grantor  cannot  write  his 

name.    Otherwise  the  acknowledgment  takes  the  place  of  wit- 
nesses. ^      <-  wi  *vit- 

Form  of  Acknowledgments.     See  Appendix,  Forms. 

Record  of .-K\\  mortgages,  or  conditional  t  uisfers,  for  the 
purpose  of  securing  a  debt  contracted  at  the  time  of  executing  the 
conveyance,  are  void  as  to  lonafide  purchasers,  mortgagees  and 
bona  fide  creditors  without  notice,  unless  placed  on  record  -vithin 
three  months  from  date  of  execution. 

Execution,  Lien  of.  See  Judgment.  Exempt  from  Lew 
under.     %qq  Exemptions.  ^  ^ 

ExEMPrioNS.-Resident  householders  may  retain  the  following 

property^  exempt  from  levy  and  sale  under  any  legal  proces^  ^ 

St.   Household  and  kitchen  furniture  of  tile  falue  of  $150 

and  necessary  wearing  apparel  for  every  member  of  the  family 

not  to  exceed  $50  in  value  for  each  member  ^ 

2d.  All  books  not  kept  for  sale,  family  portraits,  one  gun,  one 
loom,  two  spinning  wheels,  one  man's  and  one  woman's  Sle 

3d.  Three  cows  and  calves,  twenty  head  of  sheep,  twenty  head 
of  hogs,  one  work  horse  or  mule,  or  one  pair  of  oxen,  one  horse 
or  ox  car,  all  poultry  on  the  place,  600  pounds  of  meat  Too 

wheat,  1,000  pounds  of  oats  in  the  sheaf,  twenty-five  bushels  of 
sweet  potatoes,  al  the  meal  on  hand  at  any  time  not  kept  for 
sale,  thirty  pounds  of  wool  or  wool  rolls,  200  pounds  of  lin 
cotton  for  spmnmg  purposes,  100  pounds  ^f  ginned  c  tton  o 
400  pounds  o  seed  cotton,  all  cloth  on  hand  at  any  time  no 
made  or  kept  for  sale,  all  tools  or  implements  of  any  L  hanica 
trade  not  kept  for  sale,  not  to  exceed  $200  in  value  two  Xw 
and  plow  gear,  and  two  hoes.  '         ^^""^^ 

exc  ed  32^^^^^^^^  '"^^"^'^  the  homestead,   not  to 

exceed  320  acres,  and  in  value  not  to  exceed  $500 ;  all  bui-yinc 
grounds  and  lots  set  apart  for  the  interment  of  dec;ased  p7sol 

m  addition  to  the  real  and  personal  property, 


12 


ALABAMA. 


exempted  as  herembeforo  set  forth,  there  shall  be  retained  for 

?nlT  '"i  f '^'  ""^  ^'"'^  ^^'""^y  ^^'200  wortii  of  real  estate, 
including  the  homesteaH,  and  $1,000  worth  of  personal  property! 
it  he  cause  of  action  arose  subsequent  to  the  adoption  of  the 
Constitution  of  1868,  it  will  be  governed  by  the  new  law,  which 
exempts  $1,000  worth  of  personal  property  and  $2,000  worth  of 
real  estate,  selected  by  the  debtor. 

Garnishbe.    See  Attachment. 
Imprisonment  fob  Debt.    See  Arrest. 
Interest  and  Usury  Laws  : 
Zegal  rate,  8  per  cent. 

Clmry  only  forfeits  interest.    The  creditor  may  recover  the 
principal,  less  costs  of  action.  ^uver  tne 

Jm)GMENTS  Lien  OF.-Record  judgments  are  a  lien  on  all  the 
p  operty,  real  and  personal,  of  the  defendant,  not  exempt,  as 
liereinbefore  specified,  from  the  date  of  rendition. 

Limitation  of  Actions  : 

Six   Years-Action  of  debt,  on  contract,  rent,  parole  and 

repTvi'n.  "'  '''^""*'  *^^^P^"'  *^^^^'''  ^^'-^  -^ 

Ten  Years.—Actions  on  instruments  under  seal 
Twenty  Tears.-Actiom  for  the  recovery  of  real  property,  or 

upon  a  judgment  of  a  court  of  record  F    F     /»  or 

Savinj^  aause.-The  time  when  the  defendant  is  absent  from 
theState  IS  not  computed.  An  acknowledgment  or  promise  to 
revive  a  debt,  barred  by  the  statute,  must  be  in  writing. 

Married  Women  retain  their  separate  property,  but  can  only 
dispose  0  the  same  for  the  purpose  of  reinvestm^Jt,  or  the  s  p^^ 
port  of  die  family.  After  execution  against  the  husband  for 
necessaries  has  been  returned  unsatisfied,  her  property  .nay  be 
taken  by  order  of  the  court  and  applied  in  payment  of  (ho  same. 
Tlie  husband  IS  not  liable  for  her  ante-nuptial  debts;  but  suit 
may  be  brought  against  her  alone,  and  execution  will  issi  e  against 
her  separate  property  the  same  as  if  she  were  a  feme  sole 

rfTT\  ""*  ^  """'""^  ^'"^""'  ^''^^  ^^'  necessaries  or  in 
relation  to  her  separate  property  as  above  stated,  are  void ;  and 
she  cannot,  therefore,  carry  on  business  separate    nd  apart  fil. 


ALABAMA.  ^3 

her  husband,  or  be  made  personally  liable  on  her  note  ^iveu 
during  coverture.  '^ 

Promissory  NoTES.-The  common-law  rule  applies  where  a 
note  18  made  payable  at  a  bank ;  otherwise  it  is  divested  of  the 
pecuhar  attributes  of  negotiable  paper,  and  is  subject  to  all 
equities  existing  between  the  original  parties;  and  in  such  a 
case,  m  order  to  hold  the  indorser,  suit  must  be  brought  against 
the  maker,  if  the  demand  is  under  $50,  in  thirty  days  from 
maturity,  or  from  the  date  of  the  indorsement  if  made  after 
maturity.  If  the  note  exceeds  $50  in  amount,  suit  must  be 
brought  at  the  first  accessible  term  of  court  held  in  the  county 
where  the  maker  resides,  after  the  maturity  thereof 


14 


ALABAMA. 


ALABAMA. 


CAMPDEN  — Wilcox  County. 

Jared  J.  Cumming  (ex-Member  of  Legislature  and  Register 
in  Chancery). 

Recommended  by 

P.  O.  HARPER,  Judge  Eleventh  Cirmit,  Alabama. 

CLANTON— Baker  County. 
G,  W.  T/iaxton. 

(A  trustworthy  private  recommendation  on  file.) 

COURTLAND- Lawrence  County. 
Bpfiraim  H.  Foster, 

DADEVILLB- Tallapoosa  County. 
J.  O.  Burns  (Master  in  Chancery  and  Register). 

Daedanelle,  Ala.,  A2yril  19,  1873 
This  is  to  certify  that  John  P.  Burns  has  been  in  the  practice"of 
the  law  for  ten  years,  and  Register  in  Chancery  for  nine  years,  and 
18  trustworthy  and  reliable  in  his  profession.  >        >    "^ 

ALLEN  D.  STURDIVANT,  Judge  of  Probate. 

EDWARDSVILLE- Cleburne  County 
TJiomas  J.  Burton  (formerly  Clerk  of  Probate  Court). 

rr^^i  V  ir  Edwardsvillk,  Ala.,  January  31,  1873. 

i-oii.h.  Kneeland,  74  State  street,  Albany,  N:  Y.  • 

Tins  ,s  to  certify  that  Thomas  J.  Burton  is  a  citizen  of  this  place 
and  a  regular  practicn,g  attorney,  and  I  take  pleasure  in  saying 
that  he  IS  a  reliable  and  iH-ompt  attorney. 

W.  R.  HUNNICUTT,  Judge  of  Probate. 


ALABAMA. 


15 


EUFALA  — lE^arbour  County. 
Shorter  <&  Brother, 

Henry  R.  Shortbb. 

Eli  S.  Shoeteb  (Member  of  Thirty-fourth  and  Thirty-fifth 
Congress). 

"Refer  to  any  prominent  man  in  Alabama,  and  Hopkins,  Dwiffht 
<fc  Trowbridge,  New  York  city." 


EUTAW— Qxeene  County. 
Crawford  &  Mohley. 

Robert  Crawford. 

G.  B.  MoBLEY,  Jr.  (County  Solicitor). 

The  GiiNESviLLE  National  Bank,  ) 
Gaii.esville,  Ala.,  Dec.  20,  1872.  ) 
Messrs.  Crawford  &  Mobley,  Attorneys,  Eutaw,  Ala. : 

Gentlemen.-I  have  your  favor  of  the  17th  in  hand.     I  have 
pleasure  m  certifying,  as  I  do,  to  j  our  character,  ability  and  stand- 
ing as  lawyers.     If  we  had  any  bv  siness  in  your  neighborhood,  we 
should  commit  to  your  hands  with  the  fullest  confidence. 
Very  respectfully  yours,  &c., 

JCiNATHAN  BLISS,  President. 

First  National  Bank  op  Tuscaloosa,  ) 
Tuscaloosa,  Ala.,  Dec.  21,  1872.       ) 
S.  F.  Kneeland,  Esq. : 

My  Dear  Sir.— Understanding  that  Crawford  <&  Mobley,  Mors 
attorneys  and  counselors  at  law,  of  Eutaw,  Greene  county,  Alabama 
are  about  to  become  members  of  the  Law  Association  of  New  York, 
and  that  each  member  is  expected  to  present  a  testimonial  of  his 
standing  from  some  national  bank,  I  am  pleased  that  my  position 
as  president  of  this  bank  enables  me  to  do  them  a  service,  by 
stating  that  I  am  acquainted  with  these  gentlemen  and  know  their 
standing,  and  that  that  standing  entitles  them  to  confidence  and 
respect  not  only  as  lawyers  learned  in  their  profession,  but  as  men 
of  good  business  habits,  punctuality  and  fidelity. 

H.  MOODY,  President. 


Id 


AZABAMA. 


HOUSTON- Winston  County. 
William  ir,  Hude  (formerly  Clerk  Circuit  Court). 

Houston,  Winston  County,  Alabama,  | 
January  1,  1873.  [ 

10  whom  It  may  concern : 

A^^ivV^Tf^  '^'•'*  ^  ''™  ^'"  ''"'*  intimately  acquainted  with 
Mr  VV.  II.  Hyde,  as  an  attorney-at-law,  and  am  also  acquainted 
with  Ins  pract.ee  in  the  Pension  and  Bounty  Offices,  and  before  the 
Court  of  Clanns,  underact  of  Congress  of  March  the  3d,  1870.  at 
Washmgton,  D.  C,  also  in  the  Circuit  Court  of  my  county  (Wins- 
ton),  and  m  the  Probate  Court,  of  which  I  am  the  presiding  judge, 
and  have  found  him  well  qualified  to  undertake  any  legal  business 
intrusted  to  him.  Mr.  Hyde  is  prompt  and  faithful  in  the  interest 
of  his  clients,  and  this  testimonial  is  very  cheerfully  accorded. 

A.  B.  HAYES,  Judffe  of  the  Probate  Court. 

HUNTSVILLE- Madison  County. 
David  n.  Shelly  (ex-County  Judge  and  Member  of  Legislature). 
Recommended  by  David  P.  Lewis,  Governor  of  Alabama. 

LAFAYETTE— Chambers  County. 
John  A,  Holmes, 


MOBILE  — Mobile  County. 
Taylor  &  Macartneys, 

John  T.  Taylor. 
T.  N.  Macartney. 
M.  E,  Macartney. 

The  First  National  Bank  op  MoniLE,  Ala.,  ) 
Mobile,  Ala.,  April  15,  1873.  J 

To  whom  it  may  cotieern  : 

Messrs.  Taylor  &  Macartneys  have  frequently  been  employed  by 
this  bank  as  attorneys,  and  they  have  transacted  our  business  to 
our  entire  satisfaction.  They  are  prompt,  faithful  and  responsible 
attorneys. 

M.  A.  HOYT,  Cashier. 
J.  H.  MASSON,  President. 


ALABAMA.  17 

MONROEVILLij- Monroe  County 
JameHM.  Vacidmn. 

To  whom,  it.  mail  ^'oiit'ern: 

r^^Z^'^"-'-''"\^'-  "  ''  y«""g  J'-wyer  residing  in  Mou- 
ana will  t.uthf»lly  (liHclifirge  any  business  intrusted  to  him 
Ml^ruar,  ,,,  is73.        '"'''■  '^'  '^^'^'^'  '""^^^  ^*^'  ^^^^«^- 

MONTGOMERY -Montgomery  County. 
J2/ce,  ^ones  ct  Wiley. 

Samukl  F  Kick  (Ex-Chief  Justice  of  Alabama). 

One  of  the  strongest  firms  in  the  State.— [Ed. 

ir  !>  ^,  ,  MOULTON-Lawrenoe  County. 
W.  JP.  Chit  wood.* 

OPELIKA  — l,ee  County. 
Wm.  B.  Thomas. 

Reeommended  by  a  :cspo„sible  member  from  Alabama. 

SCOTTSBOROUGH- Jackson  County. 
Donaldson  &  Donaldson. 

clu^Us,  and  this  testimonial  is  most  cheerfully  accorded 
Ihis  J/rtrc/i  3(?,  1873. 

DAVID  TATE,  Judge  of  Probate 


♦  For  teeUmonials,  see  Appendix. 


2 


I 


18 


AZABAlfA. 


SELMA  — Dallas  County. 
PettHH  cO  DnwHou, 

Ei)\roM)  W.  Vktvvh   (ox-Jndgo,  nnd  Solicitor  of    the  Seventh 
Judicial  District). 

Nathaniel  II.  11.  Dawson  (cx-Mcniber  of  LogiHlatiire). 

Sklma,  Ala.,  Mb.  24, 1873. 
State  op  Alahama,  ) 
JJalldn  Cuuntij,       \  *^-  •■ 

I,  Jolm  F.  Conoly,  judge  of  the  Prol)ate  Court  of  Dallas  county, 
hereby  certify  that  Messrs.  E.  W.  Pettus  and  N.  II.  R.  DaM-son, 
who  compose  the  firm  of  Pettus  &  Dawson,  attorneys  at  law  at 
Selma,  Dallas  county,  Ala.,  are  lawyers  of  high  standing,  and  are 
well  qualified  to  undertake  any  legal  business  intrusted  to  them 
in  the  courts  of  this  State.  They  are  prompt  and  faithful  in  the 
interests  of  tlieir  clients,  and  this  testimonial  is  very  cheerfully 
accorded. 

Witness  my  hand  and  private  seal,  the  24th  day  of  February, 
A.  D.  187;3,  at  office  in  Selma,  Alabama. 

J.  F.  CONOLY,  Judge  of  Probate,  B.  C. 


i! 


SOMBRVILLE  —  Morgan  County. 
Chris.  C.  Nesniith. 

TUSKEGEE  —  Macon  County. 
Wm.  C.  Melrei'  (formerly  Probate  Judge  for  Macon  county). 
Recom'ucnded  cordially. 

E.  W.  PECK,  Chiej- Justice  S,iqwcme.  Court  of  Ala. 

UNION  SPRINGS -Bullock  County. 
Michmd  IT.  I'oirell  (ex-State  Senator  of  Alabama). 
State    of    Alahama,  ) 
Bullock  Counti/.       \ 

Office  of  the  Judge  of  the  Phouate  Court,  ) 
Union  Springs,  February  21,  1873.  \ 

S.  F.  Kneeland,  Albany,  JV.  T.  : 

Dear  Sir.— I  take  pleasure  in  saying  that  Col.  R.  H.  Powell  is 
a  lawyer  in  good  standing  and  practices  in  all  the  courts  of  this 


111 

m 


ALABAMA.  jjj 

county-County,  Prob.to,  Criminal,  Circuit  nnd  Chancery,  and  in 
tho  bu])rc'mo  Court  of  the  Slato.  ' 

Very  respectfully. 

W.  II.  BLACK, 
Judge  Probate  Court  and  ex  officio  Judge  County  Court. 

UNIONTO WN  -  Perry  County. 
John  W.  Bush. 

State  op  Alahama,  ) 
Peny  Count]/.       ) 

I,  A.  C.  Ilowze,  Judge   of  tho  Probate  Court  in  and  for  said 

TZw'^n  ""'^'  t '".  ^""'-^  ••^"  -"^-■^^'  ^^«  ^--'^y  -'-tify  that 
at  Iv!;  ;     "^•'''  ^'"«"^«^^'"'  I^orry  county,  is  an  attorney 

^is^u::;i;d^ti;:::"'^'  ^"'  -' '--'  ^'^^^^  ^-^  «^-^^"^'  ^" 

A.  C.  IIOWZE,  Judge  of  B-ohate. 


20 


ARKANSAS. 


if 


ARKANSAS. 


ENACTMENTS  AFFECTING  COMMERCE. 


ACKNOWLEDOMKNTS.      ScC  Bceds. 

Aliens.     See  title,  "  liiyhts  of  Aliens:' 

AKUE8T  IN  Civil  AorioNS.—In  a  civil  action  for  tiie  recovery 
ot  a  debt  the  defendant  may  bo  arrested  upon  an  atHduvit  made 
by  the  creditor  that  he  believes,  either  that  the  debtor  is  about  to 
depart  trom  the  State  and  has  fraudulently  concealed  or  removed 
troni  the  State  his  property,  or  eo  much  thereof  that  the  process 
of  the  court,  after  judgment,  cannot  be  executed ;  or  that  the 
debtor  has  money  or  securities  for  money,  or  evidences  of  debt 
due  hnn,  in  the  possession  of  himself  or  others  for  his  use,  and  is 
about  to  depart  from  the  State  without  leaving  property  therein 
sutticient  to  satisfy  the  debt  of  the  creditor.     A  defendan't  (except 
a  temale)  may  also  be  arrested  upon  a  judgment  founded  upon  a 
fraudulent  contract.     The  benelit  of  prison  rules  is  abolished, 
and  such  defendants  are  imprisoned  in  tbo  county  jail  until  the 
judgment  is  satisfied  or  they  arc  discharged  as  insolvent  debtors. 
Attachments.— An   attachment  may   be  issued  against  the 
property  of  a  defendant  (or  to  garnishee  debts  due  him)  who 
IS  a  non-resident;  or  who  absconds  or  secretes  himself,  or  who 
has  been  absent  from  the  State  four  months ;  or  who  has  left 
the   State   with   intent   to  defraud  creditors;  or  who   has  left 
the  county  with  the  intent  to  avoid   service  of  a  summons; 
or   who   is   about   to   remove,  or  has   removed,  property  from' 
the  State;  or  who  has  sold,  or  is  about  to  sell  or  convey,  his  pro- 
perty, or  has  suffered  or  permitted  the  same  to  be  sold,  with 
intent  to  cheat,  hinder  or  delay  creditors.     But  an  attachment 
shall  not  be  granted,  where  the  debtor  is  a  non-resident  or  a  for- 
eign corporation,  for  any  claim  other  than  a  debt  arising  upon 
contract. 


ARKANSAS.  2I 

The  creditor  in  order  to  procure  an  attael.nient,  is  required  to 
fi^^abond  wuh  one  or  n.ore  sureties,  conditioned  to\,ay  a 
damages  the  debtor  may  sustain  if  the  order  proves  to  be  \iZ 
fully  obtained   together  with  his  complaint,  under  oath   statins 

Bills  of  Exoiianoe.    See  Promissory  Notes. 

Bills  of  Sale  are  valid  without  being  j-ecorded 

CuArrKL  MoRToAOEs  are  a  valid  lieu,  as  to  third  parties    from 
the  date  of  fill  <»■  for  r.v.nt./i     ti  "^' j'^^'^'^h*  irom 

fl,«  1,  :     "         iccord.     They  are  governed,  generally  bv 

the  laws  pertaining  to  mortgages  or  realty  ^  ^'    ^ 

m.S™  s"  ''''"  "°  '^^^  ^'"'"-'"'^  ^^  ^^-  ^'^^  -f  r««I  estate 

DkeDS  and  M0KTOAOE8. 

thnsfr^f  "•?'•""  '^'°  acknowledgment  be  taken  without 
the  State  but  within  the  United  States,  it  may  be  taken  Tv  an v 
court  havinj;  a  seal   or  Hip  nh^-l-  r.r  ,   ^  ^  ""^ 

nr.  nr.,      •    •  '  ^  k  of  any  such  court,  notary  nublio 

,.ri        .1    "  "^    ^''^^s-     Tlie  law  provdes    further-  Tb.it 

and  V  hd  as  If  inade  in  accordance  with  the  laws  of  Arkansas 

co.„p.,ld„„,  or  under  the  influencro    "r      sbt   '  "^,7    1°? 
cate  »„o„.d  a„o  show  that  she  -...^^Li^^,,  ^/Z^ 


9S 


A  HE  A  NS AS. 


Fot'm  of  Arknowh(I(jni,ntn,     Soo  Appoiulix,  Foi'ium. 

Record  v/.— MortKnges  bocomo  a  liuu  upon  their  l)eii)g  til.HJ  l^r 
rocoril,  aiul  niuy  bo  furocIoHud  in  tho  ordiim-y  niannor  of  iuort- 
ga^o  loroflusnroH. 

Ehtatks  ok  Dkokahki.  1'i.:u8ons.  1\)  HOfuroa^>/'^yaA/ .liHtri- 
Imtion,  claims  niUHt  l.u  lilu.l  within  u  jear  after  letters  giMnted. 
It  not  presented  within  two  years,  they  are  absolutely  burred. 

ExEciTioN.     See  JinUjin-nts  and  Ejcniptiom. 

ExKMi'TioNS.— l»erbonal  property  to  the  value  of  $2,000  and 
100  acres  of  land,  ov  one  town  or  city  lot  owned  and  occupied 
by  any  resident  of  th  State,  and  not  exceeding  in  value  !t!5,000, 
are  exempt  from  sale  or  execution,  except  for  purchase-money, 
taxes  or  mechanics'  liens. 

Garnish liii.     See  xUtaclment. 

liU'itisoNMKNT  OF  Dkhtous.     Sco  Ancst. 

Intkkkst  and  UsiiuY  Laavs: 

Leyal  Hate,  G  per  cent. 

Um,'>/.—  \]n<\iir  the  constitution,  individuals  may  contract  for 
any  rate  of  interest,  and  the  legislature  is  prohibited  from  enuct- 
mg  usury  laws.  Contracts  usurious,  where  executed  or  nuido 
payable,  may  be  enforced  in  this  State. 

Juix.MKNTs,  Lien  oK.-Judgments,  decrees  and  justices'  tran- 
scripts are  hens  upon  the  real  estate  of  the  county  where  entered, 
Irom  the  date  of  filing  and  continue  ten  years;  when  they  are 
barred  by  the  statute  of  limitations.  An  execution  is  a  lieu  only 
upon  tho  property  levied  under  it. 

Enforcement  of —An  execution  cannot  issue  on  a  judgment  or 
deci-oo  until  ten  days  after  rendition  thereof,  except  by  order  of 
the  court,  but  may  issue  at  any  time  thereafter  during  the  life  of 
t..-  ludgment.  Tho  debtor  has  the  right  to  select  what  property 
6Lah  u  izod;  it  ,.'i-.onal  property,  ho  may  retain  possession 
oi  It  until  time  ot  sale,  by  giving  sufficient  bonds  for  its  produc- 
tion at  that  time. 

The  sheriff's  title  to  personal  property  sold  under  execution  is 
ahsolute.  The  debtor  has  the  right  to  redeem  real  estate  at  any 
time  within  twelve  months,  by  paying  the  purchase  money  and 
litteen  per  cent  interest  thereon. 


A  li  KANSAS. 


88 


Limitation  ok  Actions  : 
One  Year. — Actioiin  on  Iloplevin. 
Thne  }V«//'«r.— Actions  on  AccoiiiitH  and  in  tm't. 
Fioii  J'Y//'.y.— Actioua  on  ProiniaBory  Notes  and  other  iiistru- 
nientH  in  writing;. 

yW<}V(/Av.— Actions  on  .lud^Mnunts  and  Docrces, 

A't/;/yo/'.— Written  aeiinowledgniont  oi   jiart  pa>-nient. 

Maukiki)  Womkn  retain,  aequiro  and  hold  both  i)er8onal  and 
real  property  as  un.|nalilie.lly  as  if  %m^\Q.  Family  necessaries, 
mii)pliod  to  a  married  w.mian  on  tlie  credit  of  her  estutf",  in  en„ity 
becH^n.e  a  charge  npon  it.  A  married  woman  is  incapable  of 
making  contracts  or  transacting  business  in  her  own  name  but 
she  may  bequeath  or  devise  lier  propert.    the  siuno  as  if  single. 

Pk-.m/shouv  Notks  and  JhLM  OK  Exui.ANOE.— A  note  or  bill 
ot  excliange  has  not  the  protection  of  "  negotiable  j.aper,"  with- 
out It  IS  expressed  to  be  payable  "  without  defalcation  or  dlscoimtr 
otherwise  the  common-law  rule  applies. 

..^"''/•,7^"^  l*^''"'^"'  '^^''"^'  ^^"  «o"n<l  and  disposing  mind  and 
ot  tJie  lull  age  of  twenty-one  years,  may  unvke  a  valid  will.  Tho 
statute  requires  that  wills  must  be  in  writing,  signe<l  by  tho  tes- 

ator  or  by  some  person  in  his  presence  and  by  his  direction,  and 
tha  the  same  should  be  attested  by  two  or  more  witnesses,  sub- 
Bcnbmg  thou-  names  in  the  presence  of  the  testator 


24 


ARKANSAS. 


ARKANSAS. 


ARKADELPHIA- Clark  County. 
Joe.  r.  Hart. 


AUGUSTA  -  Woodruff  County. 
Edw.  T.  Jones  (formerly  Judge  of  Probate  and  County  Courts). 

Augusta,  Ark.,  March  10,  1873 
I  hereby  certify  that  Lir.  m.  T.  Jones  is  a  practicing  attorney  of 
the  A.gusta  bar,  Second  Juuicial  District,  and  I  belifve  him  wel 
qualified  to  undertake  any  legal  business  intrusted  to  him,  that  he 

indr;\i:"Vt'''"'-';-'^  ''^^"'"-^-^^  ^^  ^^^  ^-^---^^  ^^ 

and  that  this  testimonial  is  very  cheerfully  accorded. 

WILLIAM  c.  iiazlp:dine, 

Judr/e,  etc.,  Second  Judicial  Circuit,  ArJcamas. 

CAMDEN  — Anachita  County. 
G.  M.  Barker. 

Camden,  Ark.,  June  7,  1873. 
fllf/^l!^rY.^^^^^^^^  ^^  ^*^^'^'«  street, 

Deak  SIR.-I  take  pleasure  in  recommending  to  your  favorable 

woitl  y  person  to  take  the  position  as  your  attorney  under  the 
M..0  lants'  Protective  Law  Association.  He  is  learned'in  the  1  ^" 
faithfu  and  attentive  to  his  business,  and  full  confidence  can  be 
reposed  m  him.  Kes,,ectfully  yours, 

JAMES  T.  ELLIOTT,  Juhjemnth  Judicial  CircuU. 


ARKANSAS. 


25 


CLARKSVILLE  — Johnson  County. 
Meet's  tC-  Jiai-fow. 

E/.isHA  Mekhs  (o.v-.Tu,lgc  of  Probate  and  County  Conrts) 
H.  C.  Baurow  (Clerk  and  liecordor). 

Joiixsox  County,  Ark.,       ) 
Ci,AKKHviLi,E,  3tm'ch  22,  1873.  \ 
To  S.  F.  Kneelaxd,  Esq.,  JVb.  74  ^State  street,  Albany,  lY.  Y.  : 

of '?r~t^-7  r  *""  "^*''^'^"^''  t"  y*^'»-  favorable  notice  the'namos 
of  m.n  Ehsha  Meers  and  Col.  II.  C.  Barrow,  practicing  lawyers  in 
the  hixtl.  Ju.bcml  Circuit  of  Arkansas,  and  residents  or^Clarksvi  le 
Johnson  county.  '•«-«> mt, 

knori"T!'/^-'"^"''v'''^ '"'*''  *''^  gentlemen,  and  have  some 
knon  ledge  of  their  stranding,  both  moral  and  professional.     They 

Very  respectfully, 

T.  W.  GIB.SON, 

Prosemting  Attorney  Sixth  Circuit  of  Arkansm, 

DARDANELLE- Yell  County  (for  Yell  and  Pope  Counties). 

Thomas  Boles  ^Member  of  Fortieth,   Forty-first  and  Forty 

second  Congress  and  ex-Judge  Circuit  Court  of  Arkar 


nsas. 


DES  ARC -Prairie  County. 
Horace  P.  Vmtffhmi. 

Office  of  County,  Circuit  and  Prorate  Clerk   ) 
1  RAiRiK  County,  Ark.  '  L 

iJK  Vali.'s  iJi.uFF,  April  11,  1873.  \ 

To  whom  it  may  coneern ; 

I  take  pleasure  in  certifying  that  I  am  acquainted  .vith  Mr.  H  P 
Vaughn  of  Des  Arc,  Prairie  county.  Ark.     Mr.  Vaughn  is  a  pnci 

h^loi  th:;T.;r'^  '^^-^'-^'^  .T-uHcial  circuit  of  tldsStarcTd 
has,  to,  the  past  five  years,  attende.l  the  Circuit  Court  nnd  is  in 
good  standing  and  repute  as  a  member  of  the  bar,  t  I  W  h^ 
learning  and  integrity.  '  "'"^^ '^^^  '"^ 

JOHN  WIIYTOCK,  Jadye  Seventh  Jucl  dr.,  Ark. 


it 


DE  WITT-Arkansas  County. 

Statk  and  County  of  Aukansas 

hones  y,  ,..ob    V  ..  d  ,1     f'  '"  "'""^  '^'^P^'^'  '-^  S^"^^-»='»  «f 

il/arcA  9,  1873  ™''""''  ^'-''^^^^^'-t'^y ''^"•l  ^-oliable. 

E.  KIDLEY,  ^erlff. 

A.  C.  WILEY,  7>.^„,;y  Clerk. 
E.  P.  G.  TACIvITT,  Cleric. 

I,  E.  P.  G.  Tackitt,  Clerk  and  ex  officio  Recorder  in  and  for  Ark 
8    na  u  es   ue  n,  the  handwriting  of  the  officers  signing  the  samo 

Witness  uiy  hand  and  seal  as  clerk,  etc.,  aforesaid. 
March  9,  1873. 

E.  P.  G.  TACKITT,  Clerk  and  ex  officio  Recorder 
in  ami  for  Arkansaa  Coimty,  Arkansas. 

DOVER— Pope  County. 

See  Dajidanelle. 

FAYETTEVILLE- Washington  County. 

I^'ay^^^'kville,  Ark.,  Jywn7,  1873. 
Ihis  is  to  certify  that  W.  O.  Lattiniore  is  an  attorney  in  .ood 

standing  and  a  member  of  the  bar  of  Fayetteville,  Ark. 

E.  D.  HUN,  Judiie  Fifth  Jndkial  Circuit,  Ark. 

fn,^'  ^"  ^^''"'"•^"'''''  ^"'1 ' ''»«  transacted  a  large  amount  of  business 
toi,  and  1  deem  him  an  attorney  of  ability. 

W.  II.  GELLER,  Bmiker. 


ARKANSAS. 


27 


HELENA — Phillips  County. 

Hanly  and  Thweatt. 

TuoMAs  B.  IIanly  (e.v-Jutlge  High  Court  of  Appeals  and 
Judge  of  Circuit  Court,  State  Senator  and  President  of  the 
Senate). 

Peter  O.  Tihveait  (ex-Deputy  Secretary  of  State,  Judge  of 
County  and  Probate  Courts,  and  Prosecuting  Attorney). 

HOT  SPRINGS -Hot  Springs  County. 
Withersiioou  i&  rattillo  (P.  O.,  Arkadelpliia,  Ark.). 
Jas.  L.  Witiiergpoon  (ex-Member  of  Legislature). 
R.  G,  Pattillo. 

JACKSONPORT- Jackson  County. 
Samuel  Pet'te. 


LAKE  VILLAGE -Chicot  County. 
Levi  H.  Sprluf/er. 

Was  recommended  by  a  responsible  member  in  Arkansas. 

LOCKSBURGH- Service  County. 
liohert  E.  Snmuei: 

STATE  OF  ARKANSAS,  ) 
County  op  Sevier,         j  **•  •' 

.1  \  T;  ?■  T'^^'c^'  •^"^^SeEightl,  Judicial  Circuit,  Arkansas,  certify 
that  Robert  E.  Sumner  is  a  practicing  attorney  of  my  court  and 
enjoys  the  confidence  of  the  citizens  of  Sevier  county,  has  a  fine 
practice,  stands  h,gh  as  a  man  of  strictly  moral  and  sober  habits, 
attenive  to  business,  and  of  strict  integrity,  and  one  whose  word 
and  st.atenie„t  can  be  relied  upon  by  any  merchant  or  attorney  put- 
ting  c  anns  in  his  hands  for  collection,  and  such  persons  can  rest 
assured  whatever  business  put  in  his  hands  will  receive  promp 
attention,  and  such  statements  as  he  may  make  to  his  clients  w  11 
be  correct  and  truthful. 

T.  G.  T.  STEEL, 

Jiidffo  Eiyhth  Judicial  Circuit,  Arkansas. 


28 


AJiirAJVSAS. 


ss. 


STATE  OF  ARKANSAS,  ) 

County  of  Skvieu,       j' 

IJosoph  II  Dcnson,  Clerk  of  the  County  Court,  and  ex-officio 
Clerk  of  the  Circuit  Court  in  and  for  the  county  of  S  vier  a^^Sta  e 
of  Arkansas  do  certify  that  T.  G.  T.  Steel,  whol  gen.I  ne  !"n  tt l 
appears  to  the  foregoing  certificate  of  recommcndftion  1  nowa  d 
was  a  he  time  of  signing  the  same,  presiding  judge  o  he^"!  h 
J^tdKual  Cn-cuit  of  Arkansas,  and  the  said  county  tf  Settr  is'one 

r; Sule  a'^rid""'  ''  '  ^"'^*  ''  ''-''"'  "^  '^"^  '-  *^-  -»-y 

In  tes^mony  whereof,  I  have  liereunto  set  my  hand  and 
Li"  s.]         official   seal   at   office,   this    18th    day    of    Marcl, 
18/3,  ' 

JOSEPH  II.  DENSON,  Clerk. 

LITTLE  ROCK -Pulaski  County. 
Dodf/e  a)  Johnson. 

Geo.  E.  Dodge  (formerly  City  Attorney  for  Little  Rock,  Ark  ) 
Benjamin  S.  Johnson.  ^  ,^iik.;. 


'■ 


MAGNOLIA -Columbia  County. 
«7.  JEf,  Garrett, 

OZARK  — Franklin  County. 
Lucius  L.  WitticJi. 

Recommended  cordially. 

G.  W.  SUTHERLAND 

County  and  Probate  Judye,  Franklin  County 

PINE  BLUFF -Jeflferson  County. 

Nathaniel  T.  White. 

State     op    Arkansas,  ) 
Comity  of  Jefferson.     \ 

Na^h'nid  T  W^T  V'T  '^^  P~% -l-inted  with 
^atJ.ani  1  1.  White,  Esq.,  for  the  past  five  years,  during  which 
^mc  he  has  practiced  law  in  my  court,  in  the  Counly  of  jfff".; 

a  gentleman  m  every  instance,  and  I  regard  him  worthy  of  any 


ARKANSAS. 


29 


trust  reposed  iu  him,  anrl  further,  consider  him  well  qualified  as  an 
attorney  at  law. 

In  testimony,  I,  Henry  B.  Morse,  Judge  of  the  Tenth  Judicial 
Circuit  of  Arkansas,  liereby  set  my  hand,  at  the  city  of  Pine  Bluff 
Ark.,  this  June  5t]i,  1873.  ' 

HENRY  B.  MORSE, 
Judge  Tenth  Judicial  District^  Ark. 

POWHATAN  — Lawrence  County. 
Geo.  Thot'uburg, 

ExECUTivK  Department,  Ark.,  ) 
Little  Rock,  3[arch  29,  1873.  '  j 
I  hereby  certify  that  in  the  year  1868,  while  acting  as  Judge  of 
the  Third  Judicial  Circuit  of  Arkansas,  I  granted  a  license  to 
George  Thornbu'-g,  Esq.,  to  practice  as  an  attorney  and  counselor 
at  law,  and  that  he  is  now  a  member  in  good  standing  of  the  bar 
of  that  circuit. 

ELISHA  BAXTER,   Governor  of  Arkansas. 

PRINCETON  — Dallas  County. 
M.  M.  Duftie  (ex-Member  of  Legislature). 

rp^  ,„/,        .,  Pkinceton,  Ark.,  Dec.  21,  1872. 

10  whom  it  limy  concern :  >  *o<-. 

Mr.  M.  M.  Duffie,  of  Princeton,  Arkansas,  is  piompt  and  faithful 
lu  mterests  of  his  clients,  and  I  cheerfully  recommend  him. 

A.  G.  SULLENBERGER, 
Co.  a7id  Probate  Judge  for  Dallas  County,  Ark. 

WASHINGTON -Hempstead  County. 
Witherspoon  &  Pattillo  (P.  O.,  Arkadelphia,  Ark.). 
Jas.  L.  WmiEKspooN  (ex-Member  of  Legislature). 
R.  G.  Pattillo. 


30 


CALIFORNIA. 


CALIFORNIA. 


ENACTMENTS   AFFECTING   COMMERCE. 


i\ 


if 


II; 


Acknowledgments.     See  Deeds. 
AxiENs.     See  title,  "  Rights  of  Aliens.' ' 

_  Areest  in  Civil  AcTioNs.-Debtors  are  liable  to  aiTest  in  a 
civil  action  on  a  contract,  express  or  implied,  where  it  appears  to 
the  court  by  proper  affidavits : 

_    1st   That  they  are  about  to  depart  from  the  State  with  the 
intent  to  defraud  their  creditors  ;  or, 

2d    In  an  action  of  replevin,  where  the  property  has  been  con- 
cealed,  to  jirevent  seizure  by  the  sheriff;  or, 
3d.  In  all  actions  for  fraud  ;  or, 

4th.  When  they  have  removed  or  disposed  of  their  property 
or  are  about  to  do  so,  with  the  intent  to  defraud  their  creclito/s' 
ihe  order  IS  obtained  from  the  judge  of  the  court  in  which 
suit  IS  brought,  upon  filing,  with  the  affidavit  before  mentioned, 
a  bond  for  ^500  with  sufficient  sureties,  to  be  approved  by  the 
court.  ^  7  "  ^ 

A-iTAcnMENT  issues,  as  a  mesne  or  original  process,  where  the 
plaintiff  resides  in  this  State  or  the  debt  was  contracted  or  made 
payab  e  therein,  and  is  unsecured,  or  the  security  is  worthless, 
upon  the  hl.ng  of  an  undertaking  by  plaintiff',  conditioned  in  a 
smn  equal  to  one-half  the  amount  of  claim,  but  not  less  than 
^200  in  gold,  tor  the  payment  of  costs  and  damages,  should  the 
defendant  recover  judg.nent.  The  property  of  the  debtor  may 
be  seized  anywhere  in  the  State  and  held  to  abide  the  result  of 

611  It. 

Bills  of  Exchange.     See  Promissortj  Notes. 
Bills  of  Sale  are  valid,  but  not  in  general  use. 


m  ■ 


CALIFORNIA. 


31 


Chattel  Mo.  saoks  are  valid  if  properly  exccntod  and 
recorded,  or  there  is  a  delivery  of  the  property  mortgaged. 

Dkeds  and  Moktgaoes.— Every  conveyance  in  writing  whereby 
iiny  real  estate  is  cojiveyed  or  may  be  affected,  must  be  signed  by 
tlie  grantoi-,  acknowledged  or  proved,  and  recorded  in  the  office 
of  the  county  where  tlie  property  is  situated. 

If  acknowledged  or  proved  out  of  the  State,  and  within  any 
State  or  Territory  of  the  United  States,  it  may  be  certified  by  a 
judge  or  clerk  of  any  court  of  the  United  States,  or  of  any  State 
or  Territory  having  a  seal,  or  by  a  connnissioner  appointed  by  the 
Governor  of  this  State  for  that  purpose,  or  by  any  notary  public, 
commissioner  of  deeds,  or  justice  of  the  peace  authorized  to  take' 
acknowledgments  in  his  State  or  Territory.     When   a  deed  is 
acknowledged  out  of  this  State  by  any  other  officer  than  a  com- 
missioner of  this  State,  the  secretary  of  the  State  or  Territory  in 
winch   the   acknowledgment  is   taken   must   certify  as  to  "the 
authority  of  such  officer  to  take  acknowledgments  in  liis  State, 
except  where  the  same  is  acknowledged  l)efore  a  justice  of  the 
peace,  in  which  case  the  certificate  must  be  by  the  clerk  of  the 
comity,  or  of  a  court  of  record  in  the  county  where  such  iustice 
resides. 

Estates  of  Deceased  Persons.— Claims  must  be  presented 
within  ten  months  from  the  publication  of  notice  to  the  creditors 
of  deceased,  or  if  contingent,  within  ten  months  from  the  time 
they  become  due  or  absolute.  Such  notice  is  required  to  be 
pn])lished  by  the  executors  or  administrators  immediately  after 
their  appointment.  If  the  claimant  is  a  non-resident  and  has  not 
received  such  notice,  he  may  present  his  claim  at  any  time  before 
final  distribution. 

Executkws.    See  Exemptions  and  Judgments. 

Exemptions  : 

Homcsteacl.-Jiy  filing  declaration  of  homestead  in  the 
recorder's  office  of  the  county  where  the  property  is  situated, 
the  liusband,  wife  or  other  Jiead  of  the  family  may  acquire 
an  estate  of  homestead,  not  exceeding  $5,000  in  value,  which  shall 
be  exenq.t  from  debts  or  liabilities  accruing  thereafter,  except 
for  mechanics'  liens  and  taxes. 

Personal  Property. -Chtilvs,  tables,  desks  and  books  to  the 


89 


CALIFORNIA. 


%  .  ; 


value  of  $200;  necessary  household,  tnble  and  kitchen  furniture 
including  one  sewing  machine  and  one  piuno  belongin..  to  a 
woman  and  n.  actual  use  in  the  family  ;  stoves  and  their  apparatus, 
wearing  apparel,  beds,  bedding  and  bedsteads,  and  provisions  and 
uel  for  one  month  ;  farming  utensils  or  implements  of  husbandry : 
two  oxen,  or  two  horses  or  two  mules,  with  one  month's  food  tbr 
team,  their  harness  and  cart  or  wagon ;  all  seed,  grain  or  vegeta- 
bles actually  provided  for  planting  or  sowing  within  the  ensuing 
SIX  months,  not  exceeding  $100  in  value;  tools  of  a  mechanic  or 
art  san  necessary  to  h.s  trade,  notarial  seal  and  reconls  of  a  notary 

;  ecJr'?  r^  "^''''f  '  ""^^"•'  P^y«'«^-'  ^-^-t  -  -'-eyor; 
iZaZi:^  T  ^"''T'°"' ""''''  their  scientific  and  professional' 
ibranes,  the  law  professional  libraries  and  office  furniture  of 
attorneys  and  judges,  and  libraries  of  ministers  of  the  gospel  •  the 
cabm  or  dwelling  of  a  miner  not  exceeding  $500  in^value,'  and 
the  sluices,  pipes,  hose,  windlass,  derrick,  cars,  pumps,    ools 

Z:Zlt  ^''"T""'  "r^^^^  '''  -ining'o^aL'nrno; 
exceeding  ^500  m  value;  and  two  horses,  oxen  or  mules,  and 

their  harness  and  food  for  one  month,  when  necessary  tobTuted 

by  a  miner,  cartman,  drayman,  peddler,  teamster,  etc. ;  and    he 

horse  and  carriage  of  a  minister  of  the  gospel  or  ^hysidan    fo  r 

cows  and  calves  and  four  hogs  with  their  sucking  pigs,    .'.Z 

to  the  value  o  $60  the  earnings  of  a  debtor  for  sefviie^  iZld 

Zeedlj^ito  ;     "T  '^  '  ^"""^^^^  corporation,  nol 

Tnotlted  toT  ''  '''  '^™^'^  '-'-^  --^  P-^- 

Imprisonment  fob  Debt.     See  Arresi. 
Intekest  and  Usury: 
Legal  Rate,  10  per  cent. 
._^Partie.  ™ay  legally  contract,   i„  .rifng,   f„,  any  rate  „£ 


CALIFORNIA.  33 

Limitation  of  Actions: 

Two  Years.— k\\  actions  accruing  out  of  this  State,  and  actions 
on  oral  contracts,  on  open  or  store  accounts  Kr  goods  sold  and 
against  public  officers  for  their  official  liabilities. 

Three  ^^^^--Actions  for  trespass  on  real  property,  for  taking, 
detaining,  injuring,  or  for  the  recovery  of  personal  property,  or 
tor  relief  on  account  of  fraud.  f    t-     jj  " 

Four  Imr*.— Actions  upon  written  instruments. 

Fve  Tears -Actions  for  the  recovery  of  lands  or  any  interest, 
rents  or  profits  therein.  ' 

Makkied  WoMEN.-All  property  owned  by  the  wife  before 
^arrnvge,orafterward  acquired  by  gift,  devise,  bequest  or  descent, 
with  he  rents,  issues  and  profits  thereof,  is  her  separate  property 
and  she  may  convey  the  same  without  the  consent  oAThl 
band;  all  property  owned  by  the  husband  before  marriage,  or 
acqiiired  as  above  during  coverture,  is  his  separate  prope  ty 
Property  acquired  in  any  other  manner  by  either  husband  L 
wife  IS  common  property,     -^he  husband  has  the  exclusive  man 

STf  d^lT'"'  ''  f?  ^^""°"  P^^P^^*^'  -th  '^^  absolute 

pent  of  ?rwifr/  '"'  ''''  '^"'  ^^"*^^^  «^^^  *^-  -P-^te  pro- 
perty of  the  wife  during  coverture,  but  cannot  dispose  of  the 
same  without  her  co-operation.  Upon  the  death  of  the  husband 
the  wife  succeeds  to  one-half  of  the  common  property  after  pav 
ment  of  debts  and  costs  of  administration,  but'nS  dowerT; 
tenancy  by  curtesy  is  allowed. 
Promissobt  K0TE8.     See  Bills  of  Mchange.     ■ 

3 


84 


CALIFORNIA. 


CALIFORNIA. 


NEVADA  CITY— Nevada  County. 

Heul  &  aat'k. 

M.  S.  Dkal  (District  Attorney). 
J  NO.  W.  Clabk. 

State  of  Caufobnia,  ) 
Couufi/  of  Nevada,     j 

I,  Jolin  Caldwell,  County  Jndgo  in  and  for  the  County  of  Nevada, 
State  of  California,  do  hereby  certify  that  Alessra.  Deal  &  Clark, 
attorneys  at  law,  are  efficient  to  transact  any  business  that  may  bo 
intrusted  to  them. 

JOHN  CALDWELL, 
Jiielf/e  of  (he  County  Court,  Nevada  Ccnmty,  Col. 

SAN   BUENA   VENTURA  — Santa  Barbara  County. 

JietlJ.   T.    Williams   (formerly  Town  Attorney  and  Deputy 
District  Attorney). 

Tills  is  to  certify  that  B.  T.  Williams  is  a  practicing  attorney  at 
law  in  this  county,  of  good  standing,  and  competent  to  transact 
the  or  whatever  business  may  be  intrusted  to  him  by  the  Literna- 
tional  Merchants'  Protective  Law  Association. 

MILTON  WASON,  County  Judge  of  Ventura  County. 

San  BuKj>fA  VfiNTUKA,  March  15,  1873. 


San  Diego  County. 


SAN  DIEGO 

Nelson  II,  Dodson. 

San  Dikgo,  Cal.,  January  10,  1873. 
To  the  ^ferchants'  Protective  Law  Association,  New  York: 

Gkxtlemkx.— Having  known  N.  IL  Dodson,  Esq.,  personally  and 
professionally,  ever  singe  his   admission  to  practice  law  by  the 


CALlFOIiNfA.  35 

Siipromo   Cotirt  of  tluH  Htato,  in  January,   IfiflO,  nnd  I  cordially 
rcconiniLM.i  him  uh  a  proper  porHon  to  whom  to  intruHt  y(.ur  l)HHincHs. 

S,  S.  SANIJOUN,  CUy  Attomc;,. 

7b  the  Merrhrnits'  Prohvflm  Lam  Ansoviaeion,  New  York: 

Ah  County  J ...!-,.  of  the  County  of  San  Diojro,  State  of  Cali- 
f..nMa  .L.ring  tho  four  years  lant  past,  which  time  I  have  I^nown 
iN.  II.  J)o,ls„n,  Es,,.,  I  conlially  reconimen.l  him  as  a  faithful  and 
etftcu.r.t  lawyer,  j>rompt  in  the  transaction  of  l.usines.s  and  faithful 
to  hiH  elients. 

THOMAS  ir.  BUSH,  County  J, ubje. 

SAN  FRANCISCO  -  San  Francisco  County. 
llahjht,  Trniple  tC-  Sawf/ir. 

IIkxry  ir.  IfAiiiiiT  (lato  Governor  of  California). 
Jacksov  Tkmplk  (ex-Judge  Supreme  Court). 
Cham.  II.  Sawyeu. 


SHASTA -Shasta  County. 
Jolm  S.  FoUansbee  (ex-Distriet  Attorney). 

«  1?  ir  -n,         .  Shasta,  Cal.,  3Iat/  1,  1873. 

S.  F.  KxEELAKD,  Esq.,  Albmnj,  MY..-  '        ^    »  ^o'*'- 

Fon!n "!  ^''''Z^  ''*"''"  ^"''"  P'-'''-'^«'"^"y  acquainted  with  John  S 
Follans  ,ee,  attorney  at  law  at  Shasta,  for  over  fifteen  years  and 
know  h.m  to  be  a  man  of  strict  integrity,  a  conq.etent  lawj  r  2 

lllZLirr  rlgf^^'"  ^"  '-  — ^«"  -  ^-'  ^^^^ 

W.  E.  HOPPING, 
County  Judge  and  ex  officio  Pro.  Judge,  Shasta  Co,,  Cal 

MODESTO -Stanislaus  County. 
A.  G.  Stakes  (Coimty  Judge). 
The  following  letter  explains  itself : 

to '?  'T-l  "?  ^'■'''"'  ^°""*y  -^"'^^^  °^  th'«  ««"»ty,  and  not  disposed 
to  certi  y   to  my  own  professional  status.      Ou     District  Id'o 

:;:::  "Vrf'-T-f^'  -^-^^  -  '^-«  -NationalB^nk       S 
abouts.     We  are  a  hard  currency  community. 

Yours  truly, 

A.'  G,  STAKES." 


86 


COLOR  A  no  T Eli  It  iron  r. 


COLORADO  TERKTTORY. 


ENACTMENTS  AFKE(JTING  COMMERCE. 


I    i 


M  I 


ACKNOWLKDOMENTS.      ScO  Dl'tds. 

Alikns.     See  title,  "  liiyhts  of  Aliens. ^^ 

Akrest  in  Civil  Actions  is  not  poriuittcd  in  this  Territory. 

ArrAciiMENTS  are  f^'ranted  where  tlie  claim  exceeds  $20  in  the 
following  canes  :  Where  the  debtor  is  about  to  leave  the  Territory, 
or  take  his  i)roperty  therefrom,  or  conceals  himself,  or  is  convert- 
ing his  property  or  fraudulently  conveying  the  same  with  the 
intent  in  each  case  to  injure,  delay  or  defraud  his  creditors,  or 
stands  in  defiance  of  an  otKcer,  or  is  a  non-resident  or  foreign 
corpcir.tion.     The  usual  affidavit  and  bond  is  required. 

Birj.s  OF  Exchange  and  Promissory  Notes. — The  statute 
has  so  remodeled  the  law  that  bills  and  notes  stand  on  nearly  the 
same  footing  as  ordinary  written  contracts.  The  provisions,  in 
substance,  are  as  follows :  Any  promissory  note,  bill,  bond  or 
other  instrument  in  writing,  made  payable  to  any  person  or  per- 
sons, may  be  assigned  by  indorsement  thereon  under  the  hand  of 
such  jierson  and  of  his  assignee  so  as  absolutely  to  transfer  and 
vest  the  property  thereof  in  each  and  every  assignee  successively. 
Protest  is  not  allowed  by  law,  nor  is  notice  necessary.  In  order 
to  hold  an  indorser,  the  maker  must  be  sued  at  the  first  term  of 
the  court  having  competent  jurisdiction  succeeding  the  maturity 
of  a  note,  nnless  the  institution  of  such  suit  would  have  been 
unavailing,  or  if  the  maker  had  absconded  or  left  the  Territory 
when  such  assigned  note,  bond,  bill,  etc.,  became  due,  in  which 
case  the  assignee  may  recover  against  the  assignor,  as  if  due  dili- 
gence by  suit  had  been  used.  The  common  law  rule  applies, 
except  where  modified  as  above. 


-^ 


A 


CO  LOR  A  DO  TEHUITOR  Y. 


87 


JJiLLs  OF  Sai,k  aro  not  valid  uh  to  third  partioH  without  there 
is  an  actual  and  continued  cluingo  of  posbenaion  of  the  chattuln 
granted  thereby. 

Chattkl  M0RTOAOK8  miiHt  he  filed  for  record  in  the  clorit'rt 
oftlce  of  the  county  where  the  mortgagor  resided  if  ho  bo  a  resi- 
dent; otlicrwisc,  in  the  county  where  the  lu-operty  w;i.s  n^tuated 
at  the  execution  of  the  mortgage.  If  not  tiled  as  al)ovo,  they 
shall  be  absolutely  void  as  to  third  i)artie8,  unleHs  there  is  a 
delivery  and  acceptance,  or  the  mortgage  bo  acliiiowledged  and 
re.  oided  in  tlu;  coU!\ty  of  the  mortgagor's  residence.  Tlio  lien 
of  a  recorded  mortgage  continues  two  years. 

Dkkds  and  Moktoaoks  may  l)o  acknowledged,  wlien  executed 
outside  of  this  Territory,  and  within  the  United  States,  or  the 
Territories  tiiereof  before  the  secretary  of  any  such  State  or  Ter- 
rit.»ry,  ct-rtifiod  by  him  under  tlio  seal  of  such  State  or  Territory ; 
before  tlie  cL  rk  of  any  e.'urt  of  record  of  such  State  or  Territory,' 
or  cf  tlie  T  nited  States,  within  such  State  or  Territory,  luiving  a 
seal,  such  clerk  certifying  the  same  under  the  seal  of  such  court  • 
before  any  other  offlcer  authorized  by  the  laws  of  such  foreign' 
State  or  Territory,  to  take  and  certify  such  acknowledgments; 
provided,  there  shall  be  afiixed  to  the  certificate  of  such  ofHcer  a 
certificate  by  the  clerk  of  some  court  of  record  of  the  county, 
city,  or  district  wherein  such  ofKcer  resides,  under  the  seal  of 
such  court,  that  the  person  certifying  such  acknowledgment  is  the 
officer  he  assumes  to  be;  that  he  has  authority  by  the  laws  of 
such  State  or  Territory  to  take  and  certify  such  acknowledgment 
and  that  the  signature  of  such  officer  to  the  certificate  of  acknow- 
ledgment is  the  true  signature  of  such  officer;   or  before  any 
commissioner  of    deeds   for    such   foreign   State   or    Territory 
appointed  under  the  laws  of  this  Territory,  certified  under  the 
hand  and  official  seal  of  such  commissioner.     When  executed  out 
of  the  United  States,  before  any  court  of  record  having  a  seal,  the 
.judge  or  justice  of  such  court  certifying  the  acknowledgment  to 
have  been  made  before  such  court,  under  the  seal  of  such  court- 
before  the  mayor  or  other  chief  officer  of  any  city  or  town  havin<^ 
a  seal,  certified  under  such  seal  by  such  mayor  or  other  office? 
or  before  any  cotisuI  of  the  United  States  within  such  forei-n 
country,  certified  by  him  under  the  seal  of  his  fconsulate  ^ 


88 


COL  OR  A 1)  O  TERR  r TOR  Y. 


i  1 


A  married  woman  must  join  with  her  Imsband  in  the  convey- 
ance oflier  separate  real  estate,  and  he  examined  "separate  and 
apart"  from  him  by  the  officer  taking  the  acknowledgment;  but 
Bhe  need  not  join  in  the  conveyance  of  his  property,  as  she  lias 
no  dower  right  therein. 

-No  transfer  of  real  estate  or  any  interest  therein  will  be  valid 
and  binding,  as  to  third  parties,  until  recorded  in  the  county 
where  the  property  is  situated. 

Estates  of  Deceased  Persons.— Claims  must  be  presented 
during  the  first  year  of  administration,  or  they  will  be  forever 
barred.  Debts  of  the  decedent  rank  in  dignity  as  follows:  Ist. 
Funeral  expenses  and  expenses  of  last  sickness,  except  the  physi- 
cian's bill.  2d.  Costs  of  administration,  and  physician's  bill  for 
last  sickness.  3d.  Fiduciary  debts.  4th.  All  other  claims  exhi- 
bited within  one  year  from  the  granting  of  letters. 
Executions.  See  Exemptions  and  Judgments. 
Exemptions  : 

TIomestead.—Eynvy  householder  in  this  Territory,  being  the 
head  of  a  family,  is  entitled  to  an  estate  of  homestead,  not  exceed- 
ing in  value  the  sum  of  $2,000,  which  is  exempt  from  levy  or 
attachment  in  any  liability  or  claim  incurred  after  the  first 'day 
of  February,  1808. 

The  word  "homestead"  must  be  entered  by  the  clerk  in  the 
margin  of  the  recorded  title;  and  it  is  only  exempt  during  its 
o-cupancy  l)y  the  owner  or  some  member  of  his  family;  and  it 
may  consist  of  a  farm  of  any  mmiber  of  acres,  provided  it  is  not 
situated  in  a  city,  village  or  recorded  town  plat;  or  a  lot  or  num- 
her  of  lots  in  a  city,  etc.,  connected  together,  and  occupied  as 
such  homestead.  The  wife  must  join  with  the  husband  in  order 
to  mortgage  or  create  any  lien  upon  the  homestead,  and  her 
acknowledgment  must  be  taken  separate  and  apart  from  her  hus- 
band. 

Personal  ProperUj.-TXx^  following  personal  property  is 
exempt:  To  persons,  not  the  heads  of  tamilies,  necessary  wearinp- 
apparel,  also  tools,  implements,  Avorking  animals,  books  and  stock 
m  trade,  used  and  kept  for  the  purpose  of  carrying  on  his  trade 
or  business.  To  the  heads  of  families  there  is  exempt  the  family 
l)ictiires,  library,  etc.;  wearing  apparel,  not  exceeding  !?100  in 


COLORADO  TERRITORY. 


39 

value;  provisions  for  the  dol)tor  and  his  family  for  six  months- 
tools  and  implements,  not  exceeding  %^m  in  value;  the  library 
and  im])lement8  of  any  professional  inan,  not  exceeding  $300  • 
workmg  animals  to  the  value  of  $200;  eow,  calf,  ten  sheep,  and 
necessary  food  for  six  months;  also  a  farm  wagon,  a  plow,  har- 
row etc.,  not  exceeding  $50  in  value.  No  article  of  pro])erty 
shall  be  exempt  from  sale  for  the  purchase-money. 

Imprisonment  for  Debt.    See  Arrest. 

Interest  and  Usury  : 

Legal  Rate,  10  per  cent. 

There  are  no  usury  laws.     Parties  may  legally  agree  upon  any 

Juix>MENrs  are  a  lien  on  the  real  estate  of  the  judgment  debtor 
for  seven  years  from  the  last  day  of  the  term  in  which  they  are 
rendered,  provided  execution  issues  within  one  year.    Executions 

the  sCy' ^'''"  ^'''''^'  ^''"^  "''''"''''  ^''""  ^^'"^  *""''  ""^  """^  ^^^^ 

Limitation  of  Actions  : 

One  rmn-Actions  for  assault,  battery,  false  imprisonment, 
slander  and  lil)el.  ' 

Three  Fm...-Actions  for  relief,  on  tlie  ground  of  fraud,  and 

all  causes  of  action  accruing  out  of  the  State. 

Six  Years.— A.\\  other  actions  except  record  judgments 

Married  Women.-TIic  property,  real  or  personal,  which  any 

woman  may  own  at  the  time  of  her  marriage,  or  acquire  during 

coverture  by  descent,  devise,  bequest,  or  by  gift  from  any  person 

the reo  ,  shall  be  and  remain  her  sole  and  separate  property  not 
subject  to  the  disposal  of  her  husband  nor  liable  for  hird;^ 
She  may,  during  coverture,  carry  on  business,  and  sue  and  be 
sued  in  her  own  name,  and  may  dispose  of  her  separate  personal 

1  usband  in  he  sale  of  her  real  estate.     She  may  make  a  will  but 
she  cannot  bequeath  away  from  her  husband  inore  than    iSla 
ol  her  property  without  his  consent  in  writing.     If  any  married 
man  deprives  h  s  wife  of  over  one-half  his  pi^porty  b/wil    she 
n.ay,ater  his  death,  accept  the  conditions  of  Leh  will  or  o 
halt  ot  his  whole  estate.     The  husband  is  liable  for  the  debts  of 


ill  n 


40 


COLORADO  TERRITORY 


the  wife  contracted  before  marriage,  to  the  extent  of  the  real  and 
personal  property  he  may  receive  with  or  through  her,  or  derive 
from  tiio  sale  or  rent  of  her  lands 
Pkomissory  Notes.    See  Bills  of  Exchange. 

Wills  must  be  executed  in  the  presence  of  two  or  more  sub- 
scribing witnesses. 


COLORADO  TERRITOnT. 


41 


r  more  sub- 


COLOBADO    TERRITORY. 


CENTRAL  CITY — Gilpin  County. 

Jlufjh  Butler  (ex-Prosecuting  Attonity  and  Member  of  Leds- 
I'ture).  ^ 

«I  am  attorney  for  Tl.atcher  Standley  &  Co,  bankers  here, 
WcllH,  J^argo  &  Co,  First  National  IJank,  Denver,  First  National 
Bank,  Georgetown,  and  have  fully  my  share  of  other  business.  I 
can  refer  to  the  houses  named,  and,  for  tliat  matter,  to  any  other 
busmess  Iiouse  or  bank,  either  here,  or  in  Denver,  or  Georgetown 
wliether  I  haiii^en  to  be  attorney  for  it  or  not.  ' 

Yours,  etc., 

HUGH  BUTLER." 


Arapahoe  County. 


DENVER 
Crrahmn  &  Smith. 

D.  B.  Graham. 
L.  K.  SiiiTH. 

Dexver,  Col.,  January  20,  ISTS. 
IMcssrs.  D.  B.  Graham  and  L.  K.  Smith,  of  this  city,  are  members 
of  the  bar  of  the  Supreme  Court  of  this  Territory,  and  are  in  every 
way  worthy  of  conlidence. 

i^i.  T.  AVELLS,  Judge  First  District,  Colorado. 


42 


CONNECTICUT. 


CONNECTICUT. 


ENACTMENTS  AFFECTING  COMMERCE. 


ii  :J 


Acknowledgments.     See  Deeds. 
Aliens.    See  "  Ilhjhts  of  AlienaP 
^  Arkkst  in  Civil  Actions.— A  debtor  may  be  arrested  in  a 
civil  process  for  fraud,  but  will  be  released  ou  taking  an  oath 
that  lie  has  no  real  or  personal  property  in  possession,  reversion 
or  remainder,  of  the  value  of  $17,  or  not  a  sufficient  amount  to 
satisfy  the  demand  for  which  he  is  imprisoned,  except  Avhat  is  by 
hiw  excmi)t  from  execution ;  and  tliat  lie  has  not  disposed  of 
any  of  his  estate  in  order  to  secure  it  to  his  own  use  ur  benelit, 
or  to  defraud  or  decei  ve  his  creditors.     This  provision  practically 
nullities  the  imprisonment  act. 
Attachmknt.     See  ''New  England  Grab  Law.'' 
Bills  of  Exciiange.     See  Promissory  Notes. 
Bills  of  Sale  are  not  in  general  use  in  this  State. 
Ciiattkl  Mortgages  are  governed  by  the  laws  of  real  estate 
mortgages,  both  as  to  execution  and  foreclosure ;  the  mortgagor 
may  retain  possession  of  the  mortgaged  propei'ty. 

Deeds  of  Tkust  are  used  for  the  conveyance  of  land,  and  are 
controlled  by  the  same  law  as  other  conveyances  of  realty. 
Deeds  and  Mortgages.     See  Eeul  Estate. 
AchioxdedgmentH  ^/-.—Deeds  executed  in  any  other  State  or 
foreign  country  may  be  made  before  any  United  States  consul,  or 
before  any  notary  public  or  justice  of  the  peace  of  such  State  or 
country.     The  wife  does  not  join  in  the  deed  with  her  husband, 
unless  individually  interested.     Dower  extends  to  one-third  of 
The  husband's  estate  of  which  he  died  seized. 
Form  of  Acknowledyments.     See  Appendix,  Fonns. 


RCE. 


rrested  in  a 
ing  an  oath 
)n,  reversion 
i  amount  to 
>t  what  is  by 
disposed  of 
3  or  benefit, 
1  practically 


'  real  estate 
)  mortgagor 

nd,  and  are 

3alty. 


ler  State  or 
!S  consul,  or 
ph  State  or 
)r  liusbaud, 
ne-third  of 


g 
■ 


CONNECTICUT.  U 

lieconl  ^.—Mortgages  and  deeds,  both  of  real  and  personal  pro- 
perty, leases  for  more  than  one  year,  tax  liens  on  real  estate,  exe- 
cution and  attachment  liens  on  real  estate,  mechanics'  liens  and 
waivers  of  priority  of  title  by  reason  of  preceding  mortgage,  must 
he  recorded,  and  in  all  cases  take  precedence  from  the  time  of 
liling  for  record,  and  not  from  the  date  of  the  instrument. 

Estates  of  Deceased  Persons.— Executors  or  administrators 
are  allowed  six,  ten  or  eighteen  months,  at  the  discretion  of  the 
court,  for  the  settlement  cf  all  claims  against  the  estate ;  and  if 
the  claims  against  the  estate  are  not  presented  within  the  time 
limited,  they  are  barred,  unless  the  creditor,  in  the  caae  of  insol- 
vent estates,  shall,  after  distribution,  discover  additional  etfects 
not  before  inventoried.  Foreign  claims  are  not  barred  until  two 
years  after  administration. 

Execution.     See  Judgment  and  Exemption. 

Exemption.— Necessary  wearing  apparel,  bedding,  household 
furniture,  arms,  military  equipments  and  implements  of  the  debt- 
ors trade.  One  cow,  ten  sheep  (not  exceeding  in  value  $150), 
are  exempt ;  and  certain  specified  amount  of  famil  y  stores.  One 
stove,  the  horse,  saddle  and  bridle,  buggy  and  harness  (not 
cxceeduig  in  value  $250),  of  any  practicing  physician  or  surgeon  • 
one  sewing  machine,  in  use,  one  pew  in  church,  in  use,  and  a 
library,  not  exceeding  in  value  $500.  There  is  no  homestead 
exemption  in  this  State. 

Garnishee  and  Trustee  Process.     See  AttaGh7nents. 

Imprisonment  fob  Debt.     See  Arrest. 

Interest  and  Usury  LAws.-Legal  rate  of  interest  six  per 
cent.  By  an  act  of  the  General  Assembly,  approved  July  2d, 
1872,  it  is  lawful  to  contract  to  pay  or  receive  any  discount,  at 
at  any  rate,  and  to  contract  for  payment  and  receipt  of  anv  rate 
of  interest ;  provided,  hoxvever,  that  no  greater  rate  of  interest 
tlian  six  per  cent  per  annum  shall  be  recovered  in  any  action 
except  when  the  agreement  to  pay  such  greater  rate  of  interest  is 
in  writing. 

JrnoMmTS.-A  levy  of  execution  under  judgment  vests  in  the 
plainfft  the  first  title  to  the  property  levied  upon,  and  the  lien 
thus  acquired  is  good  against  everything  but  insolvent  and  bank- 
ruptcy proceedings.     The  execution  must  be  levied  within  sixty 


W'i 


u 


1/ 


!   ! 


1  .; 


CONNECTICUT. 


days  after  final  judgment  on  personal  property,  and  within  four 

montlis  when  real  estate  is  attached.     The  statute  of  limitations 

does  not  run  on  judgments,  and  they  are  not  a  lien  on  real  estate. 

Limitation  of  Actions  : 

One  Year.— On  bond  for  costs,  and  actions  against  insurance 
corporations. 

Eighteen  Months.— KoXiom  against  railroads  for  negligence 
causing  death. 

Two  Years.— KoMxQXi  against  officers  for  neglect  in  their  otti- 
cial  duties. 

Three  Years.— hsXxow  on  parol  contracts. 
8ix  l^^a^'s.— Contracts  in  writing  not  under  seal,  account,  book 
debt,  negotiable  notes  and  trespass  on  the  case. 
Fifteen  Fea/'*.— Bars  entry  on  lands. 

Seventeen  rm^-^.-Contracts  under  seal,  bonds  and  mortgages. 
Absence  from  State,  minors,  married  women,  prisoners  and 
non  compos,  form  exceptions  to  the  running  of  the  statute. 

Married  Women  may  carry  on  business  in  their  own  name  in 
thesame  manner  as  a  feme  sole.     They  can  hold  real  estate  to 
their  own  use,  but  cannot  convey  it  unless  the  husband  joins  in 
the  deed.     The  husband  holds  the  personal  estate  of  the  wife  as 
trustee;  he  may  act  as  her  agent  in  collecting  rents,  profits  and 
interest,  but  the  same  is  not  liable  for  his  debts,  except  debts  con- 
tracted for  the  support  of  the  wife  and  children.     Policies  of 
ihoui-ance  for  the  benefit  of  the  wife  inure  to  her  sole  use    and 
cannot  be  taken  for  the  debts  of  the  deceased  husband,  unless 
the  yearly  premium  exceeds  $300.     The  wife  is  liable  for  her 
debts  contracted  before  marriage,  and  may  be  sued  for  the  sam^ 
A  married  woman  cannot  carry  on  business  separate  and  apart 
from  her  husband,  unless  she  has  been  abandoned  by  him    in 
which  case  she  may  make  valid  contracts,  sue  and  be  sued  alone, 
or  with  her  husband,  and  her  property  may  be  taken,  on  attach- 
ment and  under  execution,  as  if  she  was  unmarried. 

Promissory  Notes  and  Bills  of  ExciiANOE.-Notes,  checks, 
bills  of  exchange  payable  at  sight  or  on  demand,  do  not  have  any 
days  of  grace  unl^^s  specified  in  the  instrument.  Promissory 
notes,  of  the  amount  of  $35  or  more,  are  negotiable.  Demand 
and  notice  are  necessary  to  bind  indorsers  and  guarantors;  the 


CONNECTICUT. 


46 


common  law  or  law  merchant  applieB  to  them,  except  as  herein 
modilied. 

Wills. — All  persons,  of  sound  mind  and  memory  and  of  the 
age  of  twenty-one  years,  may  devise  real  estate,  or  at  the  age  of 
seventeen  years  may  bequeath  personal  property  by  will,  which 
is  required  to  be  in  writing,  signed  by  the  testator,  and  subscribed 
by  three  witnesses,  in  the  presence  of  the  testator  and  by  his 
request. 


46 


CONNECTICUf, 


CONNECTICUT. 


pi 


I  ■' 


ii  {li 


M      ' 


ANDOVER- Tolland  County. 
Myron  P.  Yeomans  (formerly  Judge  of  Probate^. 
Myron  P.  Yeomans. 
Myron  P.  Yeoraans,  of  Andover,  Conn,  is,  in  ray  opinion    a 
young  lawyer  of  excellent  legal  attainment,  .^nd  of  VoT  nor.l 
character,  and  prompt  and  faithful  in  the  transaction  of  le^al  b^^S! 

D WIGHT  LOOMIS,  Judffc  of  the  Superior  Court. 

HARTFORD --Hartford  County. 
Spencer  <£•  Taintor. 

Geotge  M.  Spencer. 
Henry  E.  Taintor. 

Messrs  Spencer  and  Taintor  are  members  in  good  standing  of 
h.  bar  of  Hartford  county,  Conn.,  and  I  believe  them  to  be  h^fest 
honorable  and  reliable  lawyers.  "onesi, 

DWIGHT  W.  PARDEE, 

A  Judge  of  the  Superior  Court  of  the  State  of  Connecticut. 

NEW  HAVEN -New  Haven  County. 
Talcoft  If.  ItusseU. 

Hecommonded  by  a  member  in  good  standing.-[ED. 

NORWICH -New  London  County. 
Nenrf/  If.  Burn/mm. 

New  London  County         ) 

To  whom  it  may  concern :  ^^^^  ^^^°^'''  ^^'''-  ^''^  ^«^2.  \ 

thit'c;fnt7of  ■  ''"r'r-  "'  """■"''■'''  '^  '  '"^™^'--  «f  ^^e  bar  of 
this  county,  of  good  character  and  stan.ling.     Any  business  in  the 


CONNECTICUT.  47 

line  of  his  profession,  intrusted  to  his  care,  I  believe  will  receive 
from  hlni  prompt  and  faithful  attention. 

HIKAM  WILLEY,  Jmhje  of  the  Court  of  Common 
rieasfor  JSTew  London  County,  Connecticut. 

BOCKVILLE-ToUaud  County. 

See  Tolland. 

STAFFORD  SPRINGS  ~  Tolland  County. 
Samuel  E.  Stafford. 

Stafpoud  National  Bank,  ) 

Stafford  Spbings,  Conn,,  April  1,  1873.  f 
S.  F.  Kneeland,  Esq. : 

Dear  Sir.  —We  have  had  occasion  to  use  S.  E.  Fairliold,  Esr  , 
as  an  attorney  for  this  bank  on  several  occasions  and  liave 'found 
lum  well  qualified  to  undertake  any  legal  business  intrusted  to  him 
Mr.  Fairfield  is  prompt  and  faithful  in  the  interests  of  his  clients 
and  this  testimonial  is  very  cheerfully  accorded.  ' 

Yours  truly, 

R.  S.  HICKS. 

TOLLAND  —  Tolland  County. 
Samuel  H.  Seward  (P.  O.,  Stafford  Springs,  Conn.). 

This  m.ay  certify  that  I  am  well  acquainted  with  S.  II.  Seward, 
Esq.,  of  Stafford  Springs,  Tolland  county.  Conn.,  and  can  cheerfully 
recommend  him  as  a  lawyer  of  good  standing  in  his  profession,  and 
in  every  respect  worthy  of  the  confidence  of  all  who  may  intrust 
him  with  professional  business. 

DWIGIIT  LOOMIS,  a  Judge  of  the  Superior 
Court  of  the  State  of  Connecticut. 
PiOCKviLLE,  Tolland  county,  Conn.,  Ap)ril  15,  1873. 

WILLIMANTIC  —  Windham  County. 
John  31.  Hall. 

The  Dlme  Savings  Bank,  ) 

WiLLiMANTic,  Conn.,  Jutie  3,  1873.  j 
To  lohom  it  may  concern  : 

We  have  had  occasion  to  use  John  M.  Hall,  Esq.,  as  the  attorney 
for  this  bank,  on  several  occasions,  and  cheerfully  recommend  him 


48 


CONNECTICUT. 


as  well  qtmlifiecl  to  luulcrtuko  u.,y  l.^al  l,„sino88  intn.ste.l  to  his 
*"*''^'-  Voui-M  truly, 

S.  F.  LOOMEU,  Prcmlent. 

Mkucuanth'  Loax  and  Tuuht  Company  ) 
_,      ,  VViLLiMANTic,  Conn.,  June  2,  187a.      '  r 

10  whom  it  may  concern : 

K..owing  Mr.  John  M.  Hall  uh  well  as  wo  do,  it  is  with  ,,ioaH„ro 
that  wo  reconunen.l  hini  as  an  attorney  in  every  way  capable  and 
trustworthy,  an.l  iK-lieve  that  all  business  intrusted  to  him  will 
meet  with  that  jirompt  and  (careful  attention  its  importance  merits. 

Yours  truly, 

O.  II.  K.  IIISLEY,  TVemurer. 
WM.  C.  JILLSON,  l^c>,idcn\ 

WINDSOR  LOCKS -Hartford  County. 

William  C.  Jialku'd. 

P^iKST  National  Rank,         ) 
«,  ,  .        .,  SiiFKiKLU,  Conn.,  April  8,  1873.  f 

lo  whom  It  may  concern:  ,  .^lo.  , 

I  believe  Mr.  Uallard  of  Windsor  Locks  well  qualified  to  transact 
any  legal  business  intrusted  to  liim,  and  I  cheerfully  recommend 
hnu  to  any  one  requiring  his  services. 

C.  A.  CHAPMAN,  Cashier. 


I  concur  in  the  above. 


A.  W.  CONVERSE,  Treamirer. 


iV  I  i 


DELA  WARE. 


49 


DELAWARE. 


ENACTMENTS  AFFECTING  COMMERCE. 


AcKNowLKDOMKNTs.     See  Deeds. 

Aums.    See  title,  «  Rlyhts  of  Aliemr 

Akkkst  in  Civil  Actions.-Aii  execution  will  issue  airainst 

l.e  person  of  a  defendant  after  an  exec-ution  against  llpro?  I 

hashes,  returned  unsatisfied;   or  it  will  is.^,e  at  oi  ce  S 

fra  Id  has  been  proved,  a.id  an  affidavit  tiled  that  the  debtor  Ims 

snmcicnt  to  satisfy  the  judgment  and  costs. 

ArrAciiMKNTs  do  not  issue  as  a  mesne  j.rocess  or  ori-nnal  writ 
Foreign  attachment  may  issue  against  the  property  ora  non 
re  dent  person  or  corporation  when  the  deniand  exce  ds  Z 

I^erii,  attached  inure  to  the  leneiitof  nil    ''^'"''''^  "/  ^^'^P^'O- 
^c.  one  oenejit  of  alt  creditors  pro  rata 

Bills  of  Exchange.     See  Promissory  Notes. 

be  aTeh'ryrbrbinr""'  • '"  "  "'^  ^''''' '  ^"*  «--  "--* 
Cn.tr  M  ^'"^'"fe-'-^fi'^'^^t  "'nocent  purchasers  for  value. 

Chattel  Mortgages  are  not  in  general  use. 
Ueeds  and  Mortgages  • 

M  the  pIacronS"ffl",     T™'  '«''■"  "'■  ""=  '^""«'  S'^'e^ 


tn 


DELAWARE. 


before  a  pominisHioncrfor  the  State  of  Delaware;  in  all  cases  the 
Bful  of  oflico  iniiHt  be  attached,  and  the  certiticate  of  a  married 
woinan  must  state  "  tliat  she,  upon  ])rivate  examination  ai)art 
from  her  hurtl)and,  acknowledged  that  she  executed  the  same 
willingly,  without  eomj)ulsion  or  threats,  or  fear  of  her  hus- 
band's displeasure." 

Form  of  Aeknmoh'dyments.    See  Appendix,  Forms. 

Conveyances  of  real  estate,  or  any  interest  therein,  should  bo 
under  seal,  signed  by  at  least  one  witness,  and  recorded  within 
one  year  from  its  delivery. 

Estates  of  Deceaskd  Pkrsons.— Claims  must  bo  filed  with 
tho  executor  or  administrator  within  one  year  from  the  time  of 
grantitig  letters  of  administration. 

ExECT'TioNs.     Sec  Jud(jmc7it8  and  Exemptiom. 

ExEMi'TKjNs.— One  hundred  dollars'  worth  of  personal  ])ro- 
perty  in  Sussex  ajid  Newcastle  counties.  There  is  no  exciiii>tion 
in  Kent  county,  nor  any  real  estate  or  homestead  exemption  in 
the  State. 

Impkisonment  for  Debt.    See  Arrest. 

Interest  and  Usury  Laws  : 

Legal  Hate,  6  per  cent. 

Any  higher  rate  is  usury,  and  forfeits  both  principal  and  inte- 
rest. It  seems  that  tho  borrower  may  lawfully  contract  to  pay 
the  State  tax  in  excess  of  interest. 

Judgments  of  tho  Superior  Court  are  liens  upon  real  estate 
from  the  date  of  entry ;  and  Justice  Court  judgments  from  the 
date  of  filing  a  transcript  in  the  Superior  Court.  Executions  are 
a  lien  only  on  the  property  levied  under  them. 

Limitations,  Statute  of  : 

Three  Years.— Kctxom  of  tort  or  wrongs,  and  on  debt  and 
parol  conti'acts. 

Six  Years. — Actions  on  notes  and  contracts  in  writing  not 
under  seal. 

Ttoenty  Years. — Actions  on  judgments  and  contracts  under 
seal. 

Married  "Women  retain  and  may  acquire  real  estate,  bonds, 
mortgages,  stocks  and  silver  plate,  subject,  however,  to  be  taken 


DK LAW  A  RE, 


61 


()n  u  jiulKiiient  n^rainst  tlio  husband  for  Iiorim to-nuptial  liahilities 
Slio  cannot  (liaj.oHo  of  tlio  same  except  hy  tlio  conscut,  in  writing 
und  under  goal,  of  l.cr  liusband.  Slie  cannot  execute  a  power  of 
attorney,  hut  may  carry  on  l)U8ine88  tlirou^h  a  power  of  attorney 
from  her  ]ui8l)an(l ;  and  if  he  refuses  or  neglectH  to  support  her 
8he  may  conduct  l)U8ine.sH,  and  8ue  and  ho  sued  in  her  own  i-amo 
80  longassho  lives  Hoparate  and  apart  from  her  husband,  and  tho 
money  accinired  thereby  will  inure  to  her  solo  benefit. 

PiJoMissoKY  NoTEB  ANo  B1LL8  OF  ExdUANOK.— Thero  aro  no 
statutory  changes  to  the  common-law  rules  pertaining  to  ncsro- 
tiahle  paper.  * 

WiLLH.— A  married  woman  cannot  make  a  valid  will.  Any 
fe^ne  nole  or  male  pcrBon,  over  twenty-one  years  of  ago  and 
of  sound  mind,  may  dispose  of  property  by  will.  Tho  will 
must  bo  in  writing,  signed  l)y  the  testator  or  by  some  other 
party  in  his  presence  and  Ijy  his  express  direction';  and  the  sig- 
nature must  be  witnessed  by  two  or  more  reliable  parties,  who 
shall  insert  their  names  as  witnesses  in  the  presence  of  the  tes- 
tator. 


to  be  taken 


52 


DEL  A  WARE. 


DELAWARE. 


DOVER— Kent  County. 
EUas  S.  Heed  (ex-Member  of  Legislature). 
To  whom  it  viay  concern  : 

I  have  no  hesitation  in  commending  EUas  S.  Reed,  Esq.,  as  a 
worthy  and  reliable  man  in  business,  and  as  a  lawyer  of  good 
standing  in  his  profession 

J.  II.  BATEMAN, 
Cashier  First  National  Bank  of  Dover,  Del, 

WILMINGTON  — New  Castle  County. 
Saml.  A.  3IcAUster. 

Wilmington,  Del.,  April  12,  1873. 
This  certifies  that  Saml.  A.  McAlister,  of  Wilmington,  Delaware, 
is  an  attorney,  practicing  in  the  courts  of  the  State  of  Delaware,  of 
good  standing  in  his  profession,  and  well  deserving  of  the  confi- 
dence of  the  business  community  and  of  the  profession  generally. 
DANL.  M.  BATES,  Chancellor  of  Delaware. 

Wilmington,  April  15,  1873. 
I  certify  that  Samuel  A.  McAlister,  Esq.,  of  this  city,  is  a  mem- 
ber of  the  bar  of  this  State,  of  good  character,  standing  and  ability, 
and  I  believe  will  faithfullv  attend  to  any  business  that  may  be 
placed  in  his  care. 

VICTOR  DU  POINT, 
Prest.   Unio?i  National  Bank. 


DISTRICT  OF  COLUMBIA. 


53 


DISTRICT  OF  COLUMBIA. 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.    See  Deed%. 
Aliens.     See  title,  "  Rights  of  AUensP 

Abeest  and  Impeisonment  fob  Debt  is  not  authorized  within 
the  District. 

ArrAciiMENT.-During  the  pendency  of  an  action  the  plaintiff- 
can  attach  the  property  of  the  defendant  by  filing  a  good  and 
sufficient  bond  conditioned  for  the  payment  of  damages  and  costs 
to  defendant,  If  wrongfully  obtained,  together  with  an  affidavit 
by  the  p  amtiff;  his  agent  or  attorney,  setting  forth  that  the 
defendant  is  a  non-resident,  or  that  he  evades  the  service  of  sum- 
mons, or  that  he  is  about  to  remove  his  property  from  the  Dis- 

LllCt* 

Bills  of  Exchange  and  Pbomissoby  Notes  are  governed  by 
the  common  law  or  law  merchant. 

Bills  of  Sale  are  not  valid  without  there  is  an  actual  change 
of  possession.  ^ 

Chatiel  Mobtgaoes  and  Tbust  Deeds,  when  duly  acknow- 
ledged betore  a  justice  of  the  peace,  and  recorded  within  twenty 
days  thereafter,  are  valid  and  binding,  and  take  priority  from 
the  date  of  record.  r         ./         " 

Deeds  and  Mobtgages  : 

Achnowledgmcnts  to  convoy  an  interest  in  real  estate,  if  taken 
out  of  the  District  and  within  the  United  States,  may  be  before 
any  judge  of  a  court  of  record  and  of  law,  or  before  a  chan- 
celloi-of  any  State,  or  before  any  judge  of  the  United  States 
courts,  or  before  any  two  justices  of  the  peace.  The  acknowledcr. 
ment  must  be  accompanied  by  a  certificate  of  the  clerk  of  such 


51 


DISTRICT  OF' COLUMBIA. 


court  under  the  seal  tlioreof,  that  such  officer,  taking  the  same, 

hehl  tlieothcc  dysignated  tlierein. 

Deeds  executed  in  any  foreign  country  may  l)o  acknowledged 

before  a  judge  or  cliancellor  of  any  court,  master  in  chancery 

oi-  notary  public  of  sucli  foreign  country, 

T\vo  witnesses  are  required ;  and  a  married  woman,  to  release 
her  right  ot  dower,  must  join  with   her  husband,  and   must 
acknowledge  the  same  separate  and  apart  from  him. 
Form  of  AGhioioUdgments.    See  Appendix,  Forma. 
Record  and  Lien  of.— Any  deed  executed  in  a  foreign  country 
must  bo  acknowledged  within  twelve  months  from  its  date  and 
It  executed  within  the  United  States,  within  six  months  from  its 
date.     When  duly  acknowledged  and  recorded,  all  conveyances, 
e.xcopt  deeds  of  trust  and  mortgages,  take  effect  fi-om  the  dai'j  of 
acknowledgment.    Jiut  deeds  of  trust  and  mortgages  (and  other 
conveyances  if  not  acknowledged,  but  are  recorded  within  six 
months  from  their  date)  take  effect  from  the  time  when  they  are 
ottered  for  record ;  and  if  two  or  more  deeds  to  the  same  pro- 
perty are  recorded  on  the  same  day,  they  shall  take  effect  from 
the  date  of  execution  and  delivery. 

Estates  of  Deceased  Peksons  are  adm "  listered  in  the  Supreme 
Court  according  to  the  rules  of  the  common  law. 

Execution.    See  Jtidgmetiis  and  Exemptions. 

ExEMi'TioNS.— The  following  property  is  exempt  from  levy 
under  execution :  corn  and  other  provisions  sufficient  for  mainte- 
nance of  the  family,  bedding,  gun,  ax,  wearing  apparel,  tools 
and  miplements  of  the  debtor's  trade,  and  household  implements  • 
'-nd,  generally,  the  statute  shields,  to  a  resident  debtor,  sufficient 
goods  and  chattels  to  enable  him  to  have  and  procure  a  liveli- 
hood for  himself  and  family. 

Imprisonment  for  Debt.    See  Arrest. 

Interest  and  Usury  Laws  : 

Legal  Rate,  6  per  cent. 

Parties  may  lawfully  contract  in  writing  for  any  higher  rate, 
not  exceeding  10  per  cent. 

Usury  forfeits  the  entire  interest,  which,  if  paid,  may  be 
recovered  by  suit,  if  commenced  within  a  year  thereafter. 


ing  the  same, 

icknowledged 
'  in  cliaucory 

lan,  to  release 
J,  and  must 

ins. 

•eign  country 
its  date,  and, 
nUis  from  its 
con^'eyauces, 
a  the  dai-i  of 
38  (and  other 
d  within  six 
hen  they  are 
10  same  pro- 
3  effect  from 

the  Supreme 


i  from  levy 
;  for  mainte- 
jparel,  tools 
mplements ; 
3r,  sufficient 
are  a  liveli- 


-f 


DISTRICT  OF  COLUMBIA.  65 

Judgment  and  Exkoution.— A  judgment  of  the  Supremo 
Court  is  a  lien  on  tlie  real  estate  of  the  defendant  from  tlu;  time 
of  its  rendition,  and  justices'  judgments  from  the  date  of  tiling 
transcript  thereof  in  the  clerk's  office  of  the  Supreme  Court. 
An  execution,  when  issued,  becomes  a  lien  ou  the  personal  pro- 
perty of  defendant  not  exempt  by  statute. 

Limitation  op  Actions  : 

Three  ym/'5.— Actions  of  account,  upon  the  case  or  simple 
contract,  note,  or  book  account,  of  debt  not  of  specialty,  detinue, 
replevin,  trespass  or  justices'  judgments. 

Twelve  Years.~k.^iion^  on  judgments  and  contracts  under 
seal. 

Marbied  Women,  Rights  of.—K  married  woman  retains  all 
the  property  belonging  to  her  at  the  time  of  her  marriage,  or 
acquired  by  her  after  marriage,  as  her  sole  and  separate  property. 

tontracU  hj.—She  may  contract  and  sue  and  be  sued  in  her  own 
name,  in  all  matters  relating  to  her  sole  and  separate  property,  in 
the  same  manner  as  if  she  were  unmarried;  and  the  husband  is 
not  liable  by  any  such  contracts,  and  has  no  control  over  her 
separate  property. 

Promissory  Notes.    See  Rills  of  Exchange. 

Wills,  Who  May  ExecuU.-K^Xe^  at  the  age  of  twenty-one 
years  and  females  at  the  age  of  eighteen  may  devise  real  estate; 
and  males  at  fourteen  and  females  at  twelve  may  make  a  valid 
will  ol  personal  property. 

Execution  of,  must  be  in  writing,  signed  by  the  testator  and 
subscribed  m  his  presence  by  at  least  three  witnesses. 


iigher  rate, 


d,  may  be 
fter. 


50 


DISTRICT  OF  COLUMBIA. 


BISTBICT  OF  COLUMBIA. 


WASHINGTON  CITY. 
Edwin  L.  Stanton  (Secretary  of  the  District  of  Columbia). 


FLORIDA. 


67 


FLOEIDA. 


ENACTMENTS  AFFECTING  COMMERCE. 


AcKNowLEDaMENTS.    See  Deeds. 
Alikns.     See  title,  ''Rights  of  Aliens  r 

Akrest  and  Imprisonmeni'  for  Debt.-Aii  order  of  arrest  in 
this  State  will  be  granted : 

let   If  tlie  defendant  has  been  gailtj  of  a  fraud  in  contractirc, 
a  debt,  or  assuming  the  obligation  for  which  the  action  is  brou^S' 
or  m  concealing  and  disposing  of  the  property,  for  the  taW 
detention  or  conversion  of  which  the  action  i    brought,  or  t" 
recover  damages  for  fraud  and  deceit.  ^    ' 

Jt  ^^^^*^y'^«/'-^^'«"<:l^^"t  is  a  non-resident  of  the  State  or  about 
to  remove  therefrom,  in  an  action  for  damages  on  a  cause  no 
arising  on  contract,  injury  to  person  or  character,  or  for  Win^ 
wrongtully  taking,  detaining  or  converting  property.  ^' 

SefZ™.'"""' """"'*'*'"''' *'^^^^ 
Bills  OF  Exchange,    ^(^q  Promissory  Notes. 
Bills  of  Sale  are  very  seldom  used  in  this  State. 

oe  ettectual  oi  vahd,  for  any  purpose  whatever,  unless  such  mort 

fl  f  mtt""t'  "  '''  '^'^  '''  ^^^°^-^  f-  *^^  count;  i\S 
he  mortgaged  property  shall  be  at  the  time  of  the  execution  of 
he  mortgage,  unless  the  mortgaged  property  be  deWd  at  the 
mie  of  the  execution  of  the  same,  or  Jthin  twen  y  day"  tire- 

f  M      in  his  possession.     The  same  proof  is  necessary  to  adm^ 
chattel  mortgages  to  record  as  mortgages  of  real  estate 


68 


FLORIDA. 


h    ;■,' 


Deed8  of  Trust  are  not  in  use  in  this  State. 

Deeds  and  Mortgages.     See  Real  Estate : 

Acknowledgment  o/.— Deeds,  moi-tgages,  etc.,  when  executed 
without  the  State  and  within  the  United  States,  must  be  acknow- 
ledged before  a  commissioner  for  the  State  of  Florida;  and  when 
no  such  commissioner  has  been  appointed,  the  acknowledgment 
can  be  taken  before  the  judge  of  any  court  of  record  within  his 
territorial  jurisdiction,  and  must  be  certified  by  the  clerk  thereof, 
under  his  official  seal. 

Estates  of  Deceased  Persons.— Claims  must  be  presented 
and  estates  settled  within  two  years,  if  the  administrator  or  exe- 
cutor publishes  notice. 

Executions.     See  Judgments  and  Exemptions.  * 

Exemptions.— Homestead  of  one  hundred  and  sixty  acres  of 
land  and  improvements,  if  in  the  country ;  a  residence  and  one- 
half  acre  of  ground  in  a  village  or  city,  and  $1,000  in  personal 
property.  An  additional  sum  of  $1,000  worth  of  property  is 
exempt  from  all  debts  incurred  prior  to  May  10th,  1865. 

Imprisonment  for  Debt.     See  Arrest. 

Interest  and  Usury  Laws  : 

Legal  Rate,  8  per  cent. 

Parties  may  legally  contract  for  any  rate  per  cent. 

Judgments.— Judgments  are  liens  upon  all  the  real  estate  of 
the  defendant  in  the  county  where  rendered,  and  in  counties 
where  a  transcript  thereof  is  recorded.  Executions  are  liens 
upon  all  of  the  personal  property  of  the  defendant,  from  the  time 
of  the  delivery  to  the  sheriff. 

Limitations  of  Actions  : 

Three  Years.— Aciiom  upon  a  liability  created  by  statute 
other  than  a  penalty  or  forfeiture ;  actions  for  trespass,  'for  relief 
on  ground  of  fraud,  for  taking  and  detaining  goods,  for  specific 
recovery  of  personal  property,  and  on  parol  contracts. 

Four  Years.— Actiom  on  an  open  account  for  goods,  wares 
and  merchandise  sold  and  delivered,  and  an  action  for  an  article 
charged  in  a  store. 

Five  yea^*.- Actions  on  instruments  in  writing  not  under 
seal. 

Seven  rear*.— Actions  for  the  recovery  of  real  property. 


FLORIDA, 


59 


Twenty  F^fiwa.— Actions  on  judgments  and  contracts  under 
seal. 

By  the  nineteenth  section  of  the  new  act  of  limitations  (Fe  - 
ruary  29,  1872),  it  is  provided  that  all  actions  not  heretofore 
barred  by  statute,  or  that  will  be  barred  within  sixty  days  from 
its  passage,  are  not  affected  by  the  limitations  of  this  act,  until 
six  months  from  the  date  of  its  approval. 

Married  Women  cannot  carry  on  business  nor  sue  or  be  sued 
in  their  own  name  separate  and  apart  from  their  husbands.  Tho 
husband  cannot  dispose  of  the  wife's  property  nor  use  it  for  the 
payment  of  his  debts;  but  in  order  to  protect  her  property  from 
the  husband  and  his  creditors,  it  must  be  recorded  in  the  clerk's 
office  of  the  county  where  the  same  is  situated,  whether  possessed 
at  the  time  of  her  marriage  or  subsequently  acquired,  within  six 
months  after  such  acquisition  or  marriage. 

Promissory  NoTEs.—There  is  no  statutory  changes  in  this  State 
of  the  common  law  rules  appertaining  to  negotiable  paper. 

Wills.— Two  witnesses  must  subscribe  to  wills,  in  the  presence 
of  the  testator. 


00 


FLORIDA. 


\.   i 


FLORIDA. 


MARIANNA— Jackson  County. 
Frank  Baltzell. 

^  Tljere  is  a  vacancy  in  office'  of  County  Judge  and  in  this  Judi- 
cial District.  The  nearest  bank  is  located  at  Tallahassee,  a  distance 
of  seventy-five  miles,  only  one-half  of  which  distance  can  be  gone 
by  railroad.  ^ 

I  take  pleasure  in  referring  the  Association  to  ex-Gov.  D.  S 
Walker  and  ex-Lieut.  Gov.  W.  D.  Blayham,  of  Tallahassee. 

MILTON -Santa  Rosa  County. 

JoJm  Chain  (ox-State  Senator,  Representative  and  Judge  of 
Inferior  Probate  and  County  Courts). 

John  Chain  is  a  member  of  the  Santa  Rosa  bar,  in  the  First 
Judicial  Circuit  of  the  State  of  Florida,  of  good  standing  and 
reputation,  and  a  rehable  and  responsible  gentleman. 

JAS.  D.  WESCOTT,  Jn., 

Associate  Justice  Supreme  Court,  Ma. 
duly  28,  1873. 


WELLBORN 
Michael  O.  Clouts. 


Suwanee  County. 


GEORGIA. 


61 


GEORGIA. 


ENACTMENTS  AFFECTING  COMMERCE. 


!  and  Judge  of 


Acknowledgments.     See  Deeds. 

Aliens.    See  title  "  RighU  of  Aliens:' 

Arrest  and  Imprisonment  for  Debt  is  abolished  in  this  State. 

Attachments.— Enactments  pertaining  to  attachments  and  gar- 
nishee process  are  similar  to  those  in  the  State  of  Alabama.  See 
Alabama. 

Bills  of  Exchange  and  Promissory  Notes.— The  common 
law  rules  apply  ih  all  cases  where  the  paper  is  made  payable  at  a 
bank,  except  that  an  accommodation  indorser  ig  considered  a 
mere  surety.  Where  notes  are  not  made  payable  at  a  bank,  a 
protest  or  notice  is  not  necessary  to  hold  the  indorsers.  In  other 
respects,  the  law  merchant  applies  also  to  such  paper. 

Bill  OF  Sale  and  deeds  of  trust  may  be  made  to  secure  a  debt 
and  although  the  vendor  takes  a  bond  or  other  writing  to  secure 
a  reconveyance  upon  the  payment  of  the  indebtedness,  such  con- 
veyances" shall  not  be  deemed  mortgages  nor  required  to  be 
recorded,  but  will  convey  absolute  title,  not  subject,  however,  to 
hens  or  other  incumbrances  against  the  estate  of  the  vendee 
until  after  the  defeasance  by  the  vendor;  provided  the  debtor,  if 
a  married  man,  first  obtains  the  consent  of  the  wife  to  such 
transfer. 

Chattel  Mortgages  are  valid  and  binding  on  all  kinds  of  per- 
sona property.  A  mortgage  on  a  stock  of  goods  covers  all  after 
purchases  made  to  keep  up  the  stock,  in  which  case  the  lien  is  lost 
on  the  goods  sold  in  the  usual  course  of  trade.  Priority  of  lien  is 
governed  by  the  time  of  filing  for  record  in  the  county  where 


! 

hi 

f  •! 

:i   i 
1    i    ,- 

i 

i!  >i 

s 

■ 

11^ 


63 


OEOIIGIA. 


tlieiuortgngor  resides,  or  if  ho  is  a  non-resident,  whore  tlio  chat- 
tels lie. 

Deeds  of  Trust.    See  Billa  of  Sale. 

Deeds  and  Mortgaoes  or  other  conveyances  of  any  interest  in 
lands,  must,  ho  witnessed  by  two  witnesses,  ono  being  a  consul  or 
vice-consul  of  the  United  StatoH,  under  his  official  seal,  or  u  judge 
of  the  United  States  Court,  or  a  court  of  record  in  tho  Sta'to 
where  executed  t  with  the  clerk's  certificate,  under  the  seal  of  tho 
court,  as  to  the  gonuineness  of  the  signature  of  biich  judge;  or  a 
commissioner  for  tho  State  of  Georgia. 
Form  of  Acknowledgmejita.     See  Appendix,  Forms. 
Record  and  Lien  o/.— Deeds  must  be  recorded  within  one  year 
from  the  time  of  execution  and  delivery,  in  t)ie  clerk's  office  of 
Superior  Court,  in  the  county  where  the  property  is  situated; 
and  mortgages  must  be  recorded  in  said  office  within  three  r-onths 
after  the  date  of  execution. 

During  the  life  of  the  husband,  tho  wife  only  has  a  right  of 
dower  in  the  j>roperty  acquired  by  the  husband  by  virtue  of  the 
marriage.  In  joining  with  her  husband  for  the  sale  of  such  lands, 
she  must  specifically  renounce  the  right  of  dower,  and  must 
acknowledge  the  same  separate  and  apart  f\-om  her  husband. 
Since  the  statute  of  1866,  the  husband  acquires  no  interest  in  the 
lands  of  his  wife. 

Estates  of  Deceased  Persons. —Debts  of  the  decedent  rank 
in  the  following  order :  1st.  Funeral  expenses,  physician's  bill  and 
expense  of  last  sickness.  2(1 .  Expenses  of  administration,  includ- 
ing a  year's  maintenance  of  the  family.  3d.  Taxes  or  debts  due 
the  State  or  the  United  States.  4th.  Fiduciary  debts.  5th. 
Judgments,  mortgages  and  otlier  liens,  according  to  priority  (pre- 
ferable only  as  to  tho  property  covered  by  them).  6th.  Rent. 
Yth.  Liquidated  demands.     8th.  Open  accounts. 

Claims  that  are  not  presented  within  one  year,  lose  their  pri- 
ority under  the  foregoing  classification. 

Executors  and  administrators  must  file  a  report  yearly  with  the 
ordinary. 

No  special  time  is  given  by  law  to  close  the  estate,  and  claims 

may  be  presented  at  any  time  before  the  estate  is  settled. 

Executions.     See  Judgments  and  Exemptions. 


ivliore  tlio  chat- 


ter, and  must 


GEORGIA.  63 

ExEM,moN8.-Tho  head  of  the  family,  gnnrdian  or  trustee  of 
minor  children,  is  entitled  to  a  homestead  of  the  value  of  $'>  000 
in  gold,  and  personal  property  of  the  value  of  $1,000  in  .mid 
to  be  selected  by  the  owner.  *'      ' 

The  exemption  does  not  extend  to  taxes,  purchase  money,  or 
money,  labor  and  materials  uned  in  improving  the  property 
exempted,  or  m  clearing  it  from  incumbrances. 

Gaknishee.     See  Attachments. 

Impuisonment  fob  Debt.    See  jirrcst. 

Intkuest  and  Usuky  Laws  : 

Legal  Bate,  seven  per  cent. 

Allowable  by  spociul  contract  ten  per  cent.     Usury  extends 

iTonths  '''''''       '"^"■''^'  ^""^  '''''''  ^'  '"'^  ^"^^^  ^^t^""  '^^ 

Jl-doments  of  a  court  of  record  operate  from  their  date  as  a 
hen  upon  all  the  property  of  the  dofendaut,  real  or  personal,  in 
the  State  and  not  exempt  from  execution,  excepting  bills  Lnd 
notes,  accounts  and  other  rights  of  action 

The  statute  renders  a  judgment  dormant  in  seven  years,  but 
a  v.tnvn  nMahona  of  an  execution  thereon  revives  the  judg- 
ment and  the  limitation  cunmences  anew.  ^ 
Limitations  of  Action  • 

oftjcoMSr^'-"™'  ™"'""  "«""■"' -"  *-  '"^  ^-«" 
Fhe   r«,,.,._Action8  on  foreign  jnd^ments  must  be  com- 

"r  /       '  v?"*"  ^"'  "'"  '"""  "-y  ™-  obtained 
J.  reurs-Noto,  and  otber  contract  in  writing  not  nn.lcr 

Sevm  ^«-Jurlsmenls  become  dormant  in  seven  years  bnt 

SrS  il;;;:  t'4r ""'- "'"- '-  y-  '^-^• 

.rttS:::;,t:;::s;:to:dr"'"""'"'*"'"'^-— «™ 
tiofrttrJir-'"''"  ""*'""™'^'  p-"^-=^ "-  -> « -n- 


64 


OEOliGIA. 


flonal,  licld  Ity  a  wonmn  at  the  timo  of  lior  marriago  or  ncuinircd 
by  her  tliumifter,  by  donation  or  I»u<|ue8t,  arc  Iield  to  tho  Hopurato 
U80  of  Huch  married  woman,  and  are  not  subject  to  the  debts  or 
liabilities  of  tho  husband, 

(Jontmets.—ti.  married  woman  may,  by  tho  permission  t)f  lier 
husband,  publislied  in  a  public  paper,  for  at  least  one  moutli, 
bet'ome  a  free  trader;  when  she  may  contract,  sue  and  bo  sued  in 
hor  own  name,  aiul  lior  soparato  property  is  solely  liable  for  lier 
debts  in  that  capacity. 

As  to  her  senn-.to  property,  tlio  wife  may,  witliout  becoming'  a 
free  tro.'.or,  contract  as  legally  as  if  she  was  a  single  woman, 
except  that  she  cannot  bind  her  separate  estate  by  bccomin<' 
surety  for,  or  assuming  tho  debts  of,  her  husband. 
rRoMissoKT  NoTKS.     Sco  Bills  of  Exchange. 

Wills  must  bo  executed  in  the  presence  of  three  or  more  sub- 
scribing witnesses. 


I 


GKOliGJA. 


05 


GEORGIA. 


0  or  inoro  sub- 


ALBANY -Dougherty  County. 
Thomax  If.  L„on  (Men.ber  of  L<.giHlutu.v). 

To  whom  it  may  concern ;  ''^"''^^ ^'  ^''•'  ^^'''''  ^O.  '  «7n. 

We  arc  well  acquainted  with  Thos.  I{.  Lyon    Ear.     nff 
law  ...  .his  ,,..0,  an.l  wo  can  recuaa.„o,.7  " ^^'n U  W^ri!;^ 
prcni.t  ,u  the  inturostH  of  Lis  dio„ts.  "'  '*"*^ 

JOHN  N.  DAVIS 
^Ot.  a  n.  11.  ana  m,.  Co.  and  Atti,,  at  law. 
PETEll  J.  STUOZER, 

J>nli,c  Superior  Court,  Allany  Circuit,  State  of  Ceoryia. 

AMERICUS-Sumpter  County. 
HaivkitiH  tO  Guefi'i/. 

way  trustworthy  and  reliable.  '       '^  '"  ''^^'"y 

EDMUND  H.  HAWKINS 
^;^n7  27,  1860.  "^'^ '^^  t'/'«««Aooe/«e  C/rn«V,  Ga. 

Firm  testimonial  not  yet  received. 

ATLANTA -Fulton  County. 
L.  J.  Glenn  tO  Sons. 

John  T  P  ^^^"^^^  (f^'^'^^^^'-  «f  Georgia  Legislature). 
John  T.  Glenn  (Solicitor-General).  '^ 

- —  Glenn. 


m 


(iKonaiA. 


AUGUSTA     Rlohmond  County. 
JoHefth  I*.  (Uirr. 


(il'lOltillA,  I 


I  liiivo  writ  kiidwn  Major  .1.  I*.  Cmr  hIiuh*  IIio  y»<ai'  IHtlO  as  u 
|>ioiiiiiuM>t  ami  lt>atliiij>'  iiiniilu'i' of  tin*  |>rol't«MHion  liortv  llirt  hViII 
ami  oaj'aoily  is  tiM(|m'Hliont'tl  m  a  piiu^tiiioiu'r,  and  I  l'ov\  no  In'Hi- 
tam^y  in  itHHiniimMulinj;  him  aH  a  pr»un|it,  otlioitMil  and  nlialilo 
altoiMU'y  at  law.  1  am,  t<ti\, 

WM.  (JIUSON, 

Judije  Suft^rioi'  i\>urt,  ^^«,(/«.•^^^  CtiYiiit, 
Ai  ui'STA,  .J/Wk  N,  IN.:). 

BLACKSHEAR     Piorco  County. 
S.    It.   Ilitvh  (Solioltoi'-lionoial). 

CALHOUN     Gordon  County. 

Jiohert  M.  Tiit'ver*  , 

Caluovn,  (Jn.,  A/>rit  11,  lsT;i. 

This  is  to  oovtify  tInU  Kol>ort  M.  Turvor,  Ksq.,  of  this  plaot<,  is  in 
gooil  j>iH>tVssi»>nal  standing  as  a  lawyvr  at  tlio  bar  of  tho  t'horokoo 
t'ironit  of  tho  Stato  of  (n'orgla. 

O.  W.  NKKli,  (h\li/t(tiy,  (iorilon  cottnti/,  lieori/ht. 

COLUMBUS      Muscogee  County. 

II'.  A.  Littlf, 

NV.     A.     LirriK    (SoUoitvn-(u>noral,     Chattahooohio     Circuit, 
(.u'orgia). 

Coi.l' Mill's,  Urt.,  J/(i//  81.<  187M. 

\V.  A.  1  ittK\  Ksq.,  is  m  luonxlu-r  of  tho  bar  of  this  oirouit  in  i>'ood 
staudiiiv;,  anvl  attonds  promptly  to  his  bnsinoss. 

W.  I.  SALISIUUV. 
IW»t.  Met.  and  MrAn.'  iiiud: 

W .  A.  l.ittlo  is  an  attorney  at  law,  of  good  standing,  in  t'hatta- 

hooohio  C'irouit,  and  givos  to  his  protVssioual  business  j>ivmpt  and 

otVk'iont  attonlion. 

KinirNDH.  WOKIULL, 

•Jmlje  >'.  ('.,  Vhuttaho{.K'h%e  Vinniit,  (fa. 

Jl  SK  ID,  lSt!l>. 


nF.onaiA. 


67 


«.s^»  Vh\mit, 


uril  N,  1SV;1. 


iH'liio     C'iivuit, 


COVINGTON -^  Newton  County. 
J.n,i,U'f  It.  .hHirtsoH  (.v.lu.lK.MmclSolidtoMJonoral). 

CRAWFORDVILLE- Taliaferro  County 


tJlOOIIIilA,  I 

TalutjVrro     Coinifi/.   \ 


Tins  cvrtilios  that  ("olon.l  .lanios  K.  U..,.I  is  a  «ontIomun  (,r  l.i.I. 

t   .«l-a.I..     Ins  ,...o  Vssio,.  Lo,!.  as  .vKanIs  ahiii.y  a  .1  i„,  J:         j 
>.nu.,n..  Um„^  ...11  :uunvn  ,.,  ,„..  iW  y.-urs,  un.l  1  tako  this;      . 

<MIAKLKS  A.  MKAZLKV,  r>n//..,^yj..  7:  (U,  (;«. 

DAHLONEQA  -  Lumpkin  County. 
Ma  ft  in  A.  iirvri'ft/. 

DALTON- Whitfield  County. 
Sfittmatr  .1^  UiiffattisoH. 

luNATu  s  K.  SuiMA,.,,:  (.x.Mo.nbor  <.f  Loginlaturc). 
JO  (tU  ir/iotn  it  iikii/  fo/uYni: 

ii:.l.!i!:M:;i::,;n":'i:'::, ^r "": "'  '^'"™''  *^«i- 

I  .11  on,   I,.,.,   IS   ivsponsibU.   :„„i   ivliabU..     I   have  no 
u^.uuoy  n.  say.,,,  that  „o  lawyo.-  or  law  .i,„.  .o,.hl  ,,o  f      .a  in 
Uus  M^u>n  who  a,v  n,..,v  .„.,,.,;.  „..,  attentive  to  prolVo,, 
u         s  o,-   „.o,v   ,u-on.,.t   in    .vnuttanc-os.      Sl.nn.ato   is   a    o-oo. 

:.::;;:;?  ^^  -1-!.;,....  i,.  his  profession.  wii.iaLo;! 

--11  -  P.-o.ossK>nal  ohanu-tor  of  thoso  p-nU.nu'n  is  uni.!;!:;;:;," 
I'.vnoN,  r,a.,  .A(>(-.  V2,  isT-j. 


IT 


'I   i 


1 1 1 


68 


GEORGIA. 


ELIJAH  — Gilmer  County. 
ILezeklah  It.  Foote  (ex-County  Court  Judge). 

SlA  1  K  OK  GkOUUIA,  ) 

Gill  Iter  Count  I/,     j 

I  certify  that  II.  11,  Foote  is  a  piacticing  attorney  of  good  stand- 
ing in  the  Blue  Kidge  Circuit  in  said  State. 

N.  B.  KNIGIIT, 
J.  S.  C.  nine  liidye  Circuity  /State  of  Georgia. 
May  12,  1873. 

1,  William  Ellington,  Clerk  of  the  Supreme  Court  in  said  county, 
certify  that  N.  B.  Knight,  whose  signature  appears  to  the  forego- 
ing certificate,  is  the  Presiding  Judge  in  said  circuit. 

WM.  ELLINGTON,  C.  S.  C. 
May  12,  1873. 

GREENSBOROUGH  — Greene  County. 

CuhdnbtlH  Ilea  I'd   (State   Senator,   formerly   County   Judge, 

Greene  county). 

Ilcferenvcs. — C.  A.  Davis,  Hon.  M.  W.  Lewis,  Grcenesborough  ; 
lion.  Alex.  II.  Stephens,  Crawfordville  ;  Hon.  Augustus  Reese, 
Madison. 


i^ 


GRIFFIN  —  Spaulding  County. 
Hof/nton  &  IJiHitiiike. 

Jas.  S.  Boynton  (ex-County  Judge  and  Ordinary). 
FuED.  DiHMUKE  (Ordinary  [Probate  Judge],  Spaulding  county). 
1  take  great  pleasure  in  recommending  Messrs.  Boynton  &  Dis- 
nuike  as  gentlemen  of  legal  ability  and  strict  integrity. 

Judge  IJoynton,  the  senior  member,  has  held  several  olHces  of 
honor  and  trust  at  the  hands  of  his  peoi)le,  and  the  junior  laember, 
31r.  Dismuke,  is  now  Probate  Judge  of  his  county. 

JOHN  A.  IIALI 
Jitdye  Stipcrior  Court,  Flint  Circuit. 
February  24,  1«73. 


of  good  staiid- 


lint  Circuit. 


J  no.  W.  Liudsey. 

State  of  Geokgia,  ) 
V/Ukuison  County,  j 


GEORGIA. 
IRWINTON  -  Wilkinson  County. 


69 


Office  Court  op  Ordinary,  ) 


e    t.    T-  -n.  Jamiary  15,  1873. 

S.  F.  IvNEELAND,  Esq. :  ^      .      '  • 

Dear  Sir.-I  take  pleasure  in  stating  to  you  that  I  am  person- 
ally acquainted  with  J.  W.  Lindsey,  Esq.,  of  this  county,  and  have 
been  xor  many  years,  and  know  well  his  ],rofes8ional  character 
which  I  can  certify  to  as  being  good.  As  a  lawyer  he  stands  well 
among  his  profession,  and  for  honesty,  integrity  and  promptness  in 
the  discharge  of  his  professional  duties  he  stands  second  to  none. 

Giv'ii  under  my  hand  and  official  seal  of  office, 

C.  M.  LINDSEY,  Judge  Court  of  Ordinary. 

LA  GRANGE  — Hough  County. 
Speev  &  Speer. 

Jonx  A.  Speer  (formerly  Judge  County  Court  and  Prosecu- 
ting  Attorney). 

D.  N.  Sl'EER. 

La  Grange  Banking  and  Trust  Company,  / 
La  Grange,  Ga.,  November  4,  1872.      '  \ 

To  whom  it  may  concern : 

We  have  long  and  favorably  known  Speer  &  Speer,  attorneys  at 

aw     Their  standing  as  lawyers  and  citizens  is  most  deservedly 

high,     riiey  are  in  a  pecuniary  way  unquestionably  prompt  and 

very  responsible.     Any  and  all  business  intrusted  to  their  care  >vill 

be  promptly  attended  to  and  collections  quickly  forwarded. 

JOHN  F.  MORELAND,  Cashier. 

MADISON -Morgan  County. 
G^reene  S,  Foster. 

This  is  to  certify  that  Greene  S.  Foster  is  a  regular  practitioner 
of  goodstandmginthe  Circuit  or  Superior  Courts  of  Ocmulgee 
Cmnut,  _,n  the  County  Court  of  Morgan  county,  Georgia,  and  all 
inferior  judicatories  of  the  same  ComnuMnvealth. 

Siened  at  Chambers  on  this  IGth  day  of  April,  1873. 

C.  IL  ANDREWS, 
Judge  of  the  County  Court  of  Morgan  County,  Ga. 


r 

i 

'■ 

i, 

jj: 

il 

|l 

ii 


I, 


i 


70 


GEORGIA. 


MILLEDGEVILLE  — Baldwin  County. 

Wm.  G.  3IcA(loo  (ex-Dislrict  Jiulj^o  iiiid  Solicitor-General  of 
Ga,,  and  member  of  Legislature  and  Attorney-General  of  Tenn.). 

MiLLKDGEviLLE,  Ga.,  Jauumy  11,  1873. 
I  hereby  certify  that  Hon.  W.  G.  McAdoo,  of  this  city,  formerly 
Judge  of  the  District  Court  of  this  Judicial  District  of  the  State  of 
Georgia,  is  a  practicing  attorney  in   good   standing,    and  enjoys 
alike  an  unblemished  i)rofessional  and  personal  reputation. 

M.  li.  IJELL,  Ordinary,  liaklwiii  County. 

OGLETHORPE  — Macon  County. 
Thomas  1*.  Lloifd  (ex-Solicitor-Genc-al). 

"As  to  testimonials,  modesty  and  common  sense  have  always  sug- 
gested to  me  a  rule  which  I  invariably  follow,  that  is,  never  assume 
or  undertake  to  do  a  tiling,  or  to  transact  any  business  concerning 
Avhicli  you  knoAV  little  or  nothing. 

"Yours  very  respectfully, 

"  THOMAS  P.  LLOYD." 

ROME— Floyd  County. 

Hamilton  Yancetf. 

Banking  House  op  Allgood  &  Hargeove,  ) 
Rome,  Ga.,  Ajml  14,  1873.  J 

We  take  pleasure  in  recommending  Mr.  Hamilton  Yancey,  attor- 
ney and  counselor  at  law,  as  being  perfectly  reliable  in  every 
respect.  We  have  intrusted  considerable  business  to  him  and  have 
found  him  very  prompt. 

ALLGOOD  &  HARGROVE. 

BERRYS  &  CO. 

SAVANNAH  — Chatham  County. 
Thomas  M.  Mills f  Jr.  (Member  of  Legislature). 

Savannah,  8^/t  March,  1873. 
Hon.  T.  R.  Mills,  Jr.,  is  a  lawer  of  standing  in  this  State.     In  his 
practice  before  this  court  I  have  always  found  him  well  qualified 


GEORGIA. 


71 


to  unclortake  any  business  intrusted  to  him,  and  is  prompt  and 
faithful  lu  the  discharge  of  his  duties  to  Iiis  clients. 

W.  SCIILY,  Judge  Sup.  Ct.,  Ga. 

SOMERVILLE- Clinch  County. 
J,  L,  Sweat. 

SOMEBVILLK,  Cl.INCII  CoUNTY,  Ga      ) 

April  20,  1873.  ''  f 

Mr.  S.  F.  Kneelanb,  Albany,  JST.  Y.  : 

Gkobgia,        I 
Clinch    County,  j 

I,  E.  T.  Dukes,  Clerk  Superior  Court  of  the  county  aforesaid,  do 
hereby  certify  that  J.  L.  Sweat;  Esq.,  is  an  energetic  and  reliable 
attorney,  and  that,  in  my  opinion,  business  intrusted  to  his  care 
anywhere  in  southern  Georgia,  will  receive  prompt  attention. 

Given  under  my  hand  and  seal  of  office  this  April  20,  1873. 

E.  T.  DUKES. 

SWAINSBOROUGH -Emanuel  County. 
Josephlis  Camp  (formerly  County  Solicitor). 

THOMASTON-Upson  County. 

Man  lew  H.  SandwicJi  (ex-Solicitor-GeneraJ). 
Indorsed  by 

JOHN  S.  HALL, 
Judge  Superior  Court,  Flint  Circuit,  Georgia. 

THOMSON  — McDuflle  County. 
Paul  C.  Hudson. 

Augusta,  Ga.,  January  1,  1873. 
lo  all  persons  wfiom  it  may  concern: 

I  have  known  Paul  C.  Hudson,  an  attorney  at  law,  residing  at 
Thomson,  Ga  for  the  past  two  years,  and  can  safely  recommend 
hun  as  a  reliable  and  trustworthy  lawyer,  being  well  posted  on  the 
Code  and  statute  laws  of  tlio  State,  as  well  as  our  practice.  He  can 
be  safely  mtrusted  with  any  business  pertaining  to  his  profession. 

WILLIAM  GIBSON, 
Judge  Superior  Court,  Augusta  Circuit,  Ga. 


mi 


I  'M  I 


.1     ,1 


72 


GEORGIA. 


QUITMAN  — Brooks  County. 
John  G»  McCall  (ex-Judgc  of  Probate  Court). 

Quitman,  Ga.,  Febmary  14,  1873, 
Jolin  G.  McCall  is  a  practicing  attorney  and  counselor  at  law,  of 
some  ten  years'  experience.     He  is  an  active,  energetic  and  reliable 
lawyer,  and  I  cheerfully  roconimond  him  to  those  having  business 
in  this  section  of  the  State. 

EDWAUD  R.  HARDEN,  Judge  C.  C,  B.  C. 


•  1        ) 
1        f 


sn  i 


IDAHO  TERRITORY 


73 


IDAHO  TERRITORY. 


BOISE  CITY -Ada  County. 
Alhert  Heed  (ex-District  Attorney). 

We,  the  undersigned,  Judges  of  the  Supreme  Court  of  Idaho 
Torntory,  take  pleasure  in  certifying  that  we  are  acquainted  with 
Albert  Heed,  and  know  him  to  be  well  qualified  to  undertake  any 
legal  busmess  intrusted  to  him.  He  is  prompt  and  faithful  to  the 
mterest  of  his  clients. 

DAVID  NOGGLE,  Chief  Justice,  I.  T. 
M.  E.  HOLLISTER,  Asst.  Justice,  I.  T. 
W.  C.  WIIITSON,  Aast.  Jmtice,  I.  T. 
Boise  City,  Jan.  17,  A.  D.  1873. 


74 


ILLINOIS. 


ILLINOIS. 


ENACTMENTS  AFFECTING  COMMERCE. 


Mi 


1  m  iil 


Acknowledgments.     See  Deeds. 

Aliens.     See  title,  «  Rights  of  Aliens P 

Arkest  and  Imprisonment  for  Debt  is  greatly  discredited  by 
the  courts,  except  in  extreme  cases.  The  statutory  grounds  for 
arrest  are : 

1st.  When  a  debtor  refuses  to  surrender  his  property  for  the 
benetit  of  his  creditors,  when  so  required  by  law,  or  for  "he  satis- 
faction of  an  execution  against  him. 

2d.  When  sufficient  facts  appear  by  affidavit  to  make  a  strong 
presumption  of  fraud,  and  the  creditor  is  in  danger  of  losing  his 
claim  unless  a  warrant  is  issued. 

Attachments  may  be  issued  as  a  remedial  process  in  any  exist- 
ing action  upon  a  money  demand  exceeding  twenty  dollars  in 
amount  when  the  defendant  has  departed,  or  is  about  to  depart, 
from  the  State  with  the  intention  of  removing  his  property 
th.-i-ftfrom ;  or  conceals  himself,  or  stands  in  defiance  of  an  officer, 
so  that  process  cannot  be  served  on  him ;  or  is  a  non-resident 
person  or  foreign  corporation  ;  or  has  fraudulently  conveyed  or 
assigned  his  property,  with  the  intent  to  defraud  his  creditors, 
within  two  years  prior  to  the  conmiencement  of  the  suit ;  or  has 
fraudulently  concealed  or  disposed  of  his  property,  so  as  to  hinder 
or  delay  his  creditors,  Avithin  said  two  years ;  or  is  about,  fraudu- 
lently, to  conceal  or  dispose  of  his  property,  with  the  intent  to 
hinder,  defraud  or  delay  his  creditors. 

Attaching  creditors  share  j?;'o  rata  in  the  proceeds  of  the  pro- 
perty attached. 

The  plaintiff  inust  give  bonds  in  double  the  amount  of  the 
claim. 


ILLINOIS. 


76 


•operty  for  the 
>r  for  'he  satis- 

make  a  strong 
r  of  losing  his 

3S  in  any  exist- 
ntj  dollars  in 
)out  to  depart, 
:  his  property 
e  of  an  officer, 
»  non-resident 
Y  conveyed  or 

his  creditors, 
le  snit ;  or  has 
io  as  to  hinder 
about,  fraudu- 

the  intent  to 

ds  of  the  pro- 
mount  of  the 


Garnishment.— The  sheriff,  upon  failing  to  find  property  of 
the  defendant  sufficient  to  satisfy  the  attachment,  may  garnishee 
any  person  having  any  property,  effects  or  rights  of  action  in  his 
possession  belonging  to  the  defendant,  or  wlio  may  be  indebted 
to  the  defendant ;  and  he  may  attach  the  property  discovered 
thereby,  or  attach  other  property  of  tlie  garnishee  if  the  indebt- 
edness be  ascertained  to  exist  for  more  than  the  sum  of  $20. 

Bills  of  Exchange  and  Pkomissory  Notes  are  governed  by 
the  common-law  rules  pertaining  to  commercial  paper,  except 
tliat,  wliere  notes  are  negotiated  in  the  State  of  Illinois,  protest 
is  unnecessary ;  and,  to  charge  the  indorsers,  suit  must  be  com- 
menced against  the  maker  in  the  county  of  his  residence  at  the 
first  term  of  court  after  maturity,  to  which  suit  could  properly 
be  brought,  and  pursued  to  insolvency;  without  the  maker  is 
notoriously  insolvent,  in  which  case,  suit  may  be  brought  immedi- 
ately after  default  against  the  indorser. 

Judgment  notes  are  much  in  use,  and  costs  may  be  legally 
included  therein  if  provided  for  in  the  note.  Judgment  may  be 
entered  immediately  after  default  without  further  legal  proceed- 
ings, and  will  be  as  valid  and  effective  as  if  obtained  compulso- 
rily  in  court. 

Bills  of  Sale  are  governed  by  the  same  rules  as  chattel  mort- 


gages. 


CnATfEL  MoKTOAGEs  must  be  acknowledged  before  a  justice 
of  the  peace  and  recorded,  or  the  property  delivered  to  the  mort- 
gagee, to  be  binding  as  to  innocent  third  parties.  If  recorded, 
the  lien  is  only  good  for  two  years,  and  is  entirely  lost  without 
foreclosure  proceedings  are  commenced  immediately  after  a 
default  in  the  mortgage. 

Deeds  of  Trust.— As  to  acknowledgments,  executions,  record- 
ing and  foreclosure,  see  Deeds  and  Mortgages. 

Trust  deeds  in  this  State  are  preferable  to  mortgages,  as  mort- 
gagees are  not  allowed  to  bid  the  property  in  on  foreclosure,  and 
must  execute  the  trust  personally,  which  is  often  disadvantageous 
to  non-residents. 

Deeds  and  Mortgages  {Beal  £itate)  may  be  acknowledged 
before  either  of  the  following  officers :  any  judge  or  justice  of 
the  Supreme  or  District  Court  of  the  United  States,  or  of  the 


70 


Jijj.XiHs. 


w  ^ 


;'l 


SiipiviMc,  Su,,^ri«ir  or  ('i,ri.it  Oonrf  of  any  cf  tl.(.  UnitcMl  Sfutos- 
a  coiumiHHio.uT  ,i|.|M.iiifc'.l  I,.  h,k(.  flu.  ;icl<n..NvI...l^rM,<.„t  ..f.U.vdH- 
ftJUHtico  „r  tlu.  i.<-.i,.o  whose  ..llicc.  shall  ho  cortilio,!  to  hy  u  dork 
otH  court  of  rocor.1  if  h,r  uho  without  tho  Stuto  or  couuiy  where 
cveeutr.l;  ,„•  hy  any  u.uyor,  notary  |M.i)lie  or  eleriv  of  ,i  ."..urt  of 
record  under  their  olliciul  H,.ai. 

Any  uelvnowhM-.ncnt  that  i.  oxeeuted  a.cordin^r  t,,  the  hiws 
ol  t  io  htate  whero  taken  will  bo  Hulli.-h.nt  to  transfer  pn.pertv 
in  tl...  Stuto  of  Illinois,  provide.!   the  .•ertiliente  of   tho  ollicer 
tnkni:,^  flu.  Hanu.  Ih  authenticated  hy  a  elerk  of  u  court  of  rec.rd 
under  Ins  ollicial   «eal,  who  nhall    also     p.-eifv  that   the  a.-know- 
lodj^ment  us  n.ado  according,  t..  the  law.  of  the  «tate  where  taken. 
Form  of  Afhi(mle<f,,me)itK     See  Appendix,  Forinx. 
KsTATKs  OK  l)K(,KAflK..  I'lCKsoNH.-C^lain.s  should  ho  presented 
W  proof  within  one  year  fn.n.   (he  sninti,.^^  of  administration, 
liie  statute  hxes  ,u,  time  within  which  the  estate  is  to  ho  closed; 
but  oxecut..rs  or  adn.ini.trators   must   -ive,  witf.in  six   months 
from  the  time  of  their  appointment,  notice  to  all  the  creditors  of 
the    t.meti.xed    by  then,  for   setting  the  accounts  a-ainst    the 
(0<'cas,.d.     It  claims  are    objected  to,  suit  may  be  connnenced 
ti.ereon  alter  the  expiraliun  of  one  year  from   the  o-rantin-of 
letters,  and  within  one  year  next  •  fter  the  time  the  executors  or 
administrators  have  settled  their  accMints  with  the  probate  court. 
ExwnmoNs.     See  Jmupnaits  and  Kremptioist. 
K.xioMi'TioNs.-Tlie  foll.>wino;  property  is  exempt  from  lew  or 
attachment  a-ainst  a  resident  householder  in  this  State,  I  'hm 
the  head  of  a  fa.mily  aiM  residii,..  with  the  same:   all  necessary 
wearin-  apparel,  beds,  bedsteads  and  cookiui.  utensils,  household 
turiuture  ot  the  value  of  ^i'y^  one  weavii.o  loom  and  tlie  appur- 
tenaiu-es,  stove  and  i>ipe,  one  milch  cow  and  calf,  two  sheep  and 
the  llceces  taken  tK.,n  the  same,  or  the  fleeces  of  two  sheep  pur- 
chased lor  the  family  by  a  person  ownin-  •      sheep,  and  the  yarn 
or  doth  manufactured  from  the  same,  no,    ssa  v  p.ovisions\.md 
fuel  tor  the  use  of  the  family  for  three  months,  necessary  tbod 
tor  the  exempted  stock,  and  other  property,  of  the  value  of  i^OO 
suitable  to  his  or  li^  r  condition  in  life.     //,,  addition  to  the  above 
there  shall  be  exempted  from  levy  or  forced  sale  all  fainilv  pic- 
tures, sdiool  books  and  the  family  library,  lious.  .oh^  furniture 


imm 


ILLINOIS. 


3  UiiiUmI  Sfjitos; 
Lj:iiiciit  ofdi-vdH; 
(!(l  to  hy  II  dork 
ir  county  wlioro 
•l<  of  ti  court  of 

iii^'  to  tlio  lawH 
iiiHl'rr  property 
!  ol  tlio  (dlicur 
court  of  record 
it  the  iickiiow- 
t(!  wlific  tiikou. 
''orinx. 

Id  1(0  prosoiited 
luhniiiistratioii. 
is  to  ho  ch)8ed ; 
in  six  iiiouthK 
Jic  creditors  of 
ts  against  tlic 
)o  coimuenced 
lie  ^M'aiifiuir  of 
10  oxecutorH  or 
prohiifo  court. 


t  from  levy  or 
<  State,  ht'itig 

ull  necestiary 
'ilf*,  honsehohl 
nd  ilie  appur- 
\vo  shei']>  and 
wo  Klieep  pi.r 
,  and  the  yarn 

ovisions  and 
lecessary  food 
vahie  of  $C0, 
n  to  t/te  above 
dl  faniilv  pic- 
oV  fui'niture 


77 


of  th(t  dehtor  of  tiiu  value  of  ^loo,  ..jio  yolto  <d'  .ven,  or  one 
horse  hi  lieu  thereof,  not   to  exceed  in  vduo  the  huiii  of  $1U(> 
with  the  iiarncHei  therefor,  and  one  phiw  and  harrow. 

/l<>i,h.stva<l.--'V\m-ii  Hhai,  dHo  bo  exen  pt  the  homestead,  occu- 
|.ifd  hy  «uch  renideut,  to  the  vuluo  of  $1,000.  This  exemption 
extcndH  to  the  widow  and  chi!  Iren  until  tlie  youn4,'eHt  child  ia 
twenty-one  yeura  of  af,'o,  if  it  is  occupied  by  them  hi  the  inean- 
whi'  ■.  If  the  value  of  the  homestead  exceeds  $1,000  it  may  bo 
sold  ,,y  tiie  Hheritr  on  nixty  days'  notice,  tiulesH  the  execution 
dehtor  sliai;  pay  him  within  thai  time  tlie  surplus  over  tlio 
amount  of  exemption.  •  In  case  of  nale,  $1,000  of  the  j.i-ceeds  iu 
reliuided  to  the  debtor  and  is  exempt  for  one  year  thereafter. 

(Iaunisukk  ok  Tkustkk  l»Kouii88.    See  Attachments. 

Intkhkst  and  Uauitv  Laws: 

J.itjul  liafc,  (5  per  cojit. 

A/'owaMf  hy  special  agreement,  10  per  cent. 

Ijnt/ry  forfeits  the  entire  interest,  but  does  not  allect  the  prin- 
cipal. 

Open  accounts  do  not  draw  interest  without  special  aLn-ecment 
for  that  i)urpose. 

Imi'kisonment  Foit  Deut.     See  Arrest. 

Jn-oMioNTS  are  a  lien  on  all  of  the  real  estate  in  the  county 
where  ju.l-ment  is  rendered.  The  lien  continues  ten  years,  ,)ro- 
vided  execution  is  issued  within  one  year  next  after  the  dooket 
ct  .ludgment.  In  Cooks  co.  ,ty  the  lien  commences  fron>  the 
('H'ry  ot  the  judgment,  but,  ^  other  parts  of  the  State,  from  the 
)    ^  <I.iy  ot  the  term  of  court  u  here  judgment  was  perfected 

'■"fm>s  are  liens  upon  the  personal  property  as  soon  as 
inoyare  hied  with  the  sherilf.  Property  must  be  sold  under 
execution  in  the  following  order,  with,  ur  the  debtor  chooses  to 
turn  over  at  once  sulHcient  personal  property  to  the  slierif}'- 
hrst,  unincumbered  real  e.Lit-  second,  the  residence  of  the 
(Icbtoi-:  and,  third,  his  personal  property. 

Executions  may  be  i     lod  to  any  comity  in  the  State. 

Limitation  of  Actions  . 

Om-  Year.—Actiom  for  libel  and  slander. 

Moc  Jm/-5.-Actions  upon  o  .en  account,  of  account  stated, 


i  m-W 


78 


ILLlNOm. 


and  upon  tho  cnso;  and  actions  in  tort  for  trespass,  trover  and 
rei)Iovin. 

Sixteen  imr*.— Actions  upon  jud^rtnents  and  upon  promissory 
notes,  bdls  of  exchaugo  and  other  instruuiontH  in  writing. 

Twenty  lmr«.— Actions  for  tho  recovery  of  real  property. 

Maruiki)  Women  may  hold,  in  their  own  right,  as  their  sole 
and  separate  property,  all  property  belonging  to  them  at  the 
tune  of  their  marriage,  or  acquired  by  them  during  coverture 
from  any  person  other  than  tlieir  husbands,  and  the  rents  and 
prohts  of  such  property ;  and  may  legally  contract  ajid  maintain  a 
euit  or  action  at  law  in  reference  to  the  same.  They  may  bo  sued 
m  equity  on  their  contracts,  but  not  in  law.  Their  dower  right 
accrues  to  one-third  of  all  the  real  estate  owned  by  the  husband 
durmg  coverture,  and  they  are  heirs-at-law  of  one-third  of  the 
personal  estate  of  their  husbands. 

The  earnings  of  a  married  woman  belong  to  her  exclusively. 

Wills.— Real  estate  may  be  devised  by  males  at  twenty-one, 
and  by  unmarried  females  at  eighteen.  Personal  property  may 
be  bequeathed  by  will  at  the  age  of  seventeen. 

Married  women  may  dispose  of  their  separate  estate  by  will 
as  well  as  by  contract. 

Wills  must  be  in  writing  and  signed  by  the  testator  in  the 
presence  ot  at  least  two  subscribing  witnesses. 


hi  II 


pa88j  trover  and 


ILLINOIS, 


70 


ILLINOIS. 


ALEDO  — Mercer  County. 
Louis  D,  JfolmeM, 

'J)>  whom  it  may  coitccrn: 

I  know  L.  D.  Ilolmtvs  as  an  attorney,  and  bcHcvo  him  to  be 
prompt  and  faitliful  to  liis  clients  and  wortliy  of  confidence. 

JOSHUA  IJllUNER,  County  Judye. 

AURORA  —  Kane  County. 

Newell  I.  NiehilH  (ex-City  Attorney). 

AuKOKA,  Kane  County,  111.,  April  12,  1873. 
To  tchom  it  may  concern : 

Having  been  personally  acquainted  with  Mr.  N.  F.  Nichols  for 
the  last  live  years,  we  hereby  cheerfully  recommend  him  to  any  one 
who  may  desire  his  services  as  an  attorney,  as  capable,  prompt  and 
ui  all  respects  entirely  reliable  and  trustworthy. 

E.  A.  BRADLEY, 

Cashier  First  National  Bank,  Aurora,  III. 

I  cheerfully  and  fully  indorse  the  above. 

G.  W.  PANINGTON, 

Late  Circuit  Clerk  said  Kane  County,  III. 

BARRY  — Pike  County. 

Alvah  C.  Laliiff. 

State  op  Illinois,  ) 
Pike  County.       \ 

I,  R.  M.  Atkinson,  Judge  of  the  County  Court  of  the  County 
and  State  aforesaid,  certify  that  I  am  personally  acquainted  with 
Alvah  C.  Laing,  attorney  at  law,  of  the  city  of  Barry,  in  said  Pike 
county,  and  cheerfully  recommend  him  to  the  Merchants'  Protective 


80 


ILLINOIS. 


\\ 


i* 


1 


Law  Association   as  reputable  in  profession  and  in  every  sense 
trustworthy  and  reliable. 

R.  M.  ATKINSON,  County  Judge. 

BEL VIDERE  —  Boone  County. 
ChciH.  E.  FuUer. 

Judge's  CiiAMnEns  of  Second  Judicial  Circuit, 
IN  TUK  State  of  Illinois, 
Woodstock,  June  Wth,  1873. 
To  the  Merchants'  Protective  Law  Association,  Albany,  JST.  Y.  : 

Gentlemen.— I,  the  undersigned,  T.  D.  Murphv,  Judge  of  the 
Second  Judicial  Circuit,  111.,  do  certify  and  take  pleasure  in  saying, 
that  I  have  long  and  well  known  Mr.  Clias.  E.  Fidler,  of  Belvidere,' 
Boone  county,  in  my  circuit ;  that  I  regard  him  as  a  high-toned' 
lionorable  gentleman,  both  personally  and  professionally  entitled 
to  the  fullest  confidence  and  faith  of  the  business  public  ;  and  I 
have  no  doubt,  from  his  well  known  ability  and  habits  of  industry 
and  energy,  you  will  find  business  relations  with  him  in  all  respects 
satisfactory. 

Respectfully, 

T.  D.  MURPHY,  Judge,  etc. 

BENTON— Franklin  County. 
tTohn  S.  Smith. 

State    op    Illinois,  ) 
Franklin  County,     \^^'' 

According  to  the  request  of  John  S.  Smith,  Esq.,  an  attorney 
practicing  within  my  judicial  circuit,  I  hereby  certify  that  he  is  an 
attorney  of  good  and  reputable  character. 

S.  C.  DUFF, 
Judge  Twenty-sixth  Judicial  Circuit  of  Illinois. 

BLOOMINGTON  — McLean  County. 
Walter  M.  Hatch  (formerly  City  Attorney). 

The  National  Bank  of  Bloomington,  ) 
Bloomington,  111.,  Ajn-il  22,  1873.       \ 
Walter  M.  Hatch,  Esq. : 

Dear  Sir.— Regarding  an  official  letter  of  recommendation  -(torn 
thi-  bank,  I  have  to  say  that  several  years  since,  for  a  special  reason, 
the  directors  of  this  bank  decided  that  the  name  of  the  bank  should 
not  be  made  use  of  for  that  purpose.     If  it  was  not  for  that  reason 


ILLINOIS.  gj 

it  would  give  ns  pleasure  to  issue  such  a  one  as  you  desire    from 
our  long  ac.]Uiinitaiice  witli  you,  '        °* 

You  can  howo^  or,  if  it  will  an.wer,  n^fcr  any  person  wishin^r  to 
ma^e  n.quny  about  your  standing  in  this  con.nfuLty  ^  J      banl 
and  any  such  inquiry  will  be  proniptly  responded  to  ' 

Yours  respectfully, 

E.  THORP,   Cashier. 

J^'-OOMmGTON,.lj,„v7  22,  1873. 

We  have  known  Mr.  W.  M.  Hatch  a  number  of  years    and  hnv. 
no  hcMtation  in  reocnnmending  him  as  worthy  of  yo      c'onfid  nl 

McCLURE,  HOLDER  &  CO.,  Bankers. 

BUSHWELL-McDonough  County. 
h.  A.  Epperson. 

2h  all  whom  it  may  concern: 
This  i.,  to  certify  that  wo  arc  woll  acmiaintocl  with  SAP 

.o„  „„„•  hi„,  to  b„  perfectly  ,,.,,„„;„,„  a™','„tiS:: 
cict,.  Thiste«i,„;iH;i;:ir:i;yar;Lr'"°^' "' "" 

J.  IJ.  CUMMINGS, 

Cashier  Farmers^  Kut.  Bank  of  Bushroell 
S.  C.  HAINES, 
Director  of  Far.  Rat.  Bank. 
WH.LIAM  SHREVES 
JAMES  COLE. 


CANTON 
Daniel  Ahhott. 

Refers  to  Hon.  C.  L.  H 
Pike  county,  111. 


Fulton  County. 

igbie,  Judge  of  Circuit  Court,  Pittsfield, 

W  W  .^''f^^'^^^^E -Macoupin  County. 


h(f«ff 


82 


ILLINOIS. 


IrJ 


i  :■ 


them  in  giving  me  a  suitable  recommendation.  I  was  admitted  t  j 
tlio  l)av  August  31st,  1871,  and  feel  fully  competent  for  whatever 
business  you  might  intrust  me  with.  I  have  nearly  seven  hundred 
acres  of  unencumbered  real  estate  in  this  county,  worth  forty  to 
forty-five  dollars  per  acre,  which  I  regard  as  security  to  my  clients. 
I  will  refer  you  to  tlie  County  Judge,  P.  C.  Iluggins,  who  is  also 
President  of  the  First  National  Bank  here  ;  to  Messrs.  Chesnut  & 
Dubois,  who  are  bankers  here  ;  also,  to  C.  II.  C.  Anderson,  Presi- 
dent of  the  Henderson,  Severn  and  Real  Estate  Association  Bank 
of  this  place,  or  to  any  other  citizen  of  Carlinville. 

Yours  very  truly, 

W.  E.  P.  ANDERSON. 

CARL7LE  —  Clinton  County. 
Jtanmay  &  Richardson. 

R.  N.  Ramsay  (formerly  Clerk  County  Court). 
T.  J.  Rkjuakdson. 

CARMI  —  White  County. 
MoHH  Graham. 

7\)  whom  it  may  concern : 

I  take  pleasure  in  recommending  Ross  Graham  as  an  attorney 
well  qualified  to  undertake  any  legal  business  intrusted  to  him, 
knowing  him  to  be  faithful  and  prompt  in  the  interest  of  his  clients. 

SAMUEL  H.  MARTIN, 
County  Judye,  White  County,  Illinois. 
Caumi,  Aiwil  IGth,  1863. 

CENTR ALIA  — Marion  County. 

Simpson  A,  Frazier. 

Offick  of  tiik  First  National  Bank  of  Centbalia,  III.  ) 
Centbalia,  III,  February  19,  1873.  \ 

To  the  Iferchants''  Protective  Law  Association,  Albany,  JV.  Y.  : 

Tills  will  certify  that  S.  A.  Frazier,  of  this  city,  is  an  attorney  in 
good  Standing,  and  may  be  safely  relied  upon  for  the  faithful  per- 
formance of  any  business  intrusted  to  his  care. 

E.  S.  CONDIT,  President. 

F.  KOIIL,  Cashier. 


ILLINOIS. 


83 


JDERSON. 


CHAMPAIGN- Champaign  County 
JahezB.  Watklns. 

J.  B    Watkins  is  an  attorney  in  good  standing ;  his  business 
promptness  and  integrity  is  beyond  question.  "usmess, 

CHICAGO  -  Cook  County. 
Scates,  Olney  &  Whitneu. 

Waltek  13.  Scates  (late  Chief  Justice  of  Illinois) 

Jorm  O.NKY  (late  Judge  of  the  Twenty-sixth  Circuit  of  Illinois) 

Henky  C.  WiimvEv  (ex-Senator  of  Kansas).  ^' 

DECATUR -Macon  County 
John  W.  Smith. 

RucKEit,  Hammer  &  Co.,  Bankers,  ) 
lJi5CATUR,ln.,  ^4^,^7  21,1873.        [ 
We  hereby  certify  that  John  W.  Smith  of  t*iis  city  is  an  attornev 
of  pecuniary  responsibility  and  ability  a.  a  lawyer.     Hi    hab  tTJ 
stnctly  moral  and  temperate,  and  he  is  energeti'c  in  busbess 

Respectfully  yours, 

RUCKER,  HAMMER  &  CO. 

DIXON  — Lee  County. 
Eugene  Pinckney. 

EAST  ST.  LOUIS -St.  Clair  County. 
John  B.  Bowman  (formerly  Police  Magistrate). 

s  p  T'  ^  ^^'^"^  St-  I^ouis,  III,  Bee.  28,  1872. 

&.  J^.  Kneeland,  Esq.,  Albany,  N.  Y.  : 

I  don't  care  to  trouble  anybody  for  a  testimonial.      If  you  can't 
n  s.rt  my  name  without  such,  you  may  leave  it  out.     I  Tnt  y" 
book  ,nore  for  gettmg  other  addresses  than  advertising  rnvS 
Have  enough  to  do,  any  way.  ^  myscu. 

JNO.  B.  BOWMAN. 


h  III 


Hi 


•I 


84 


ILLINOIS. 


EFFINGHAM -Effingham  County. 
H.  B.  Kepley. 

State     of     Irxixois,  ) 
Effinfjliam  County.    \ 

I,  Jonathan  Hook,  Jiulgo  of  the  County  Court  within  and  for 
the  county  aforesaid,  do  hereby  cheerfully  recommend  H.  B.  Kcpley, 
E,sq.,  as  being  well  qualified  to  undertake  any  legal  business 
intrusted  to  hira,  and  as  being  prompt,  reliable  and  responsible. 

JONATHAN  HOOK,  County  Judge. 

EL  PASO  —  Woodford  County. 
Allison  31.  Cavan  (formerly  Member  of  Legislature). 

GALENA  — Jo  Daviess  County. 
Jfadison  Y.  Johnson. 

To  whom  it  laay  concern : 

I  have  known  M.  Y.  Johnson,  Esq.,  an  attorney  of  this  State, 
during  all  the  time  I  have  been  connected  with  the  courts  (some 
twenty-four  years),  and  have  always  found  him  well  qualified  as 
r.n  attorney,  prompt  and  faithful  to  the  intei-ests  of  liis  clients,  :ind 
trustworthy  and  responsible  to  all  engagements. 

This  testimonial  is  cheerfully  given  by  me  in  compliance  to  the 
rules  of  the  International  Protective  Law  Association, 

,.  ^„     ,,  KICHARD  SEAL,  J^d%e. 

Galena,  111.,  3Iay  19,  1873,  'J/ 

I  fully  indorse  the  above  testimonial, 

WILBUR  F.  CRUMMER, 
Clerk  County  Court,  Jo  Dauieas  County,  III. 

QEi:  ?SEO  -Henry  County. 
Frank  H.  3IcArthar. 


GOLCONDA  — Pope  County. 
Thomas  iZ.  Clark', 

Tliomas  H.  Clark,  of  Pope  county,  111.,  is  an  attorne'.-  of  good 
standing  and  reputation,  prompt  and  faithful. 

DAVID  J.  BAKER,  Jr.,  Judge  Nineteentk  Circuit,  III. 
Cairo,  111.,  June  12,  1869, 


ILLINOIS. 


85 


ance  to  the 


HARDIN— Calhoun  County. 
F.  M.  Gveathouse. 

F.  M.  Greathouse  is  a  member  of  the  bar  of  Calhoun  county 
llhnois,  m  good  standing  and  reputation,  and  worthy  of  entire 
coufidence. 

D.  T.  SIMPSON,   County  Judge. 

HAVANA  — Mason  County. 
Orlando  IL  Wright  (formerly  Clerk  Circuit  Court), 

To  whom  it  may  concern :  "^'^^''^'  "^■'  ^^''^  '''  ^'^'^ 

The  Hon.  O.  H.  Wright  is  a  lawyer  of  good  standing  at  the  bar. 
and  to  whose  character  for  probity,  industry,  intelligence  and 
ability,  1  take  great  pleafmre  in  subscribing. 

tL.  s.]  I  ^   MALLOilY, 

County  Judge  Mason  County,  III. 

HILLSBOROUGH -Montgomery  County. 
A.  JV.  Kinor^bury. 

To  whom  it  may  concern :  TAYLORsyiixE,  Mv.  1,  1872. 

I  have  known  A.  N.  Kingsbury,  Esq.,  attorney  at  law,  at  Hills- 
borough,  II.,  fo.  many  years.  He  -  the  oldest  and  among  le 
most  re  i.able  and  experienced  mc.abc  of  the  Montgomery  colinty 
bar  and  I  most  cheerfully  accord  this  testimony  to  his  fiddity  and 
ability  as  a  lawyer  and  worth  us  a  citizen. 

H.  U.  VANDEVEER, 

Judge  Eighteenth  Circuit  of  Illinois. 

JACKSONVILLE -Morgan  County. 
Wm.  II.  Barnes  (ex-Member  of  Legislature). 

Jacksonville,  111.,  May  21,  18T3 

WUlhrn  H  V^  '^'T'^"?^  ^'"^^  '^'  testimonial  to  the  fact  that 
\\.lham  II  Barnes  has  been  a  practicing  attorney  in  good  profes- 
sional standing  in  Morgan  county,  Illinois,  durfng  tlie  p^  sTx 
years  tha:  I  have  been  Judge  of  the  Circuit  Court  in  said  county 

Very  respectfully, 

^r,  ^  ^        ^  CHARLES  D.  HODGES. 

&.  i^.  Kneelani),  Esq.,  Albany,  JV.  Y.: 


86 


ILLINOIS. 


JOLIET  — wm  County. 
Wni»  W.  Stevens. 


:il    JJ 


JONESBOROUGH  — Union  County. 
Jaekson  FHck. 

Mr.  S.  F.  Kneeland,  Albany,  JV.  Y.  : 

Deab  Sik. — Jackson  Frick,  an  attorney  at  law  of  this  place,  we 
have  known  for  more  than  twenty  years.  He  is  in  good  standing 
in  his  profession,  in  good  practice,  responsible  and  attentive  to 
business.  We  can  recommend  him  to  you  as  a  safe  and  reliable 
person  to  employ. 

Yours  truly, 

TIIOS.  HUMAN,  Cotoity  Judr/e. 
ELIJAH  A.  WILLAliD,  Jianker. 

Refers  also  to  Crow,  McCreery  A  Co.,  St.  Louis,  Mo. ;  C.  M. 
He  iderson  &  Co.,  Chicago,  111.  ;  Wm.  Glenn  &  Sons,  Cinciiuiati, 
O.  ;  Fowler  &  Slocum,  New  York  city ;  Hogan,  Clarke  &  Sleeper, 
Boston. 


KANKAKEE  — Kankakee  County. 
Stephen  It.  Moove. 

S.  F.  Kneeland,  Esq.,  Albany,  N.  Y.  : 

I  hereby  certify  that  Stephen  11.  Moore  is  a  reputable  lawyer  of 
fifteen  years'  standing  in  Kankakee  county,  Illinois,  and  business 
intrusted  to  him  will  be  promptly  attended  to. 

WESTBROOK  S.  DECKER, 
County  Judge  Kankakee  County,  III. 
Kankakee,  Oct.  28,  1872. 


MACOMB     McDonough  County. 


John  Mosher. 


St. 

3Ic 


state  of  Illinois,     ) 
'.:Do>..>iiyh    Con   ty,  j  **' •' 


To  S.  F.  Kneeland,  Esq.,  and  all  whom  it  may  concern: 

We,  the  undersigned,  hereby  certify  that  John  Mosher  of  the 
city  of  Macomb,  State  and  county  aforesaid,  is  au  attorney  at  law 


ILLINOIS. 


87 


in  good  staiuling,  and  a  moral,  honest,  temperate,  industrious  and 
trustworthy  gentleman. 

I.  N.  PEARSON,  Chrh  Circuit  Court. 
J.  IJ.  NICKEL,  Countij  Jmlqe. 
Q.  C.  WARD,  County  Cleric. 
CIIAS.  CHANDLER,  l>resH  Ut  Nat.  B'k. 
Macomb,  III.,  Dec,  21,  1872. 

MAJORITY    POINT -Cumberland   County    (Town    of 

Prairie  City). 
Dnnd  Ji.  Green. 

L'c'fers  to  Hon.  Iliram  B.  Davios,  Judge  of   the   Twenty-first 
Circuit  ot  the  State  of  Illinois,  Majority  Point,  III.;  Hon.  James  C 
Allene,  ex-Member  of    Congress,  Robinson,   111.;    Hon.  James  c' 
Rob,nsc,u,  M.  C.,  Springfield,  III.;  Hon.  John  Schofield,  Marshall! 
Clark  County,  111.  ' 


MASON  CITY -Mason  County. 
Jose2)/i  A.  Phvli).s  (ex-County  Judge). 

I  have  known  Joseph  A.  Phelps,  Esq!,  for  thirty  years,  and  have 
always  found  him  prompt  and  faithful  in  the  interests  of  his  clients 
and  cheerfully  state  that  I  have  no  doubt  of  his  faithfully  return^ 
mg  collections  promptly  and  satisfactorily. 

GEO.  IL  CAMPBELL, 

President  1st  Nat.  Banh  of  Mason  City,  III 

MATTOON- Coles  County. 
James  F.  Huuhes, 

To  irhom  U  may  concern: 

I,  the  andersigned,  having  been  cashier  of  the  First  Naional 
BauK  ot  Mattoon  for  more  than  three  years  last  past,  do  hereby 
certify,  that  during  that  time  J.  F.  Hughes  has  been  actively 
yngaged  in  the  pr.cMce  of  the  law  in  this  city,  and  I  take  pleasure 
11.  saying  that  any  business,  in  the  line  of  his  profession,  intrusted  to 

ndwit.fiTT.'  l"-°ir"  •'"'"*'""'  ""^^  '''-'  "»^"'-S«J  with  dispatch 
and  with  fidelity  to  the  interests  of  his  clients. 

M,-n.n       Ti,     r  ^^-  "•  l^UNLA",  Cashier. 

MATrooN,  III.,  June  10,  1873. 


88 


ILLINOIS. 


MENDOTA  -  La  SaUe  County. 
Joscp/i  rfuHfcf  (loniuTly  City  Attonu^y). 

FlHST    NaTIONAI,   liANK  OK  IVIkVLOTA,  IiJ,.,  ) 

„,      ,  Mknduta,  111.,  Mairh  8,  IHTU.  \ 

to  whom  it  may  concern : 

We  1.,'ivo  had  occasion  to  use  .Tosopli  Ilnntor  uh  an  attorney  for 
tins  hank  on  several  occasions,  an.l  have  foun.l  hini  wdl  (inalillc.l 
to  nndcrtakc  any  legal  business  intrusted  to  him.  iMr.  Hunter  is 
l.ronipt  and  faithful  in  the  interests  of  his  clients,  an.l  this  testi- 
monial IS  very  cheerfully  accorded. 

E.  A.  noWKN,  /'yv,sV  Ut  Nat.  Batik,  Mmdota,  III. 

F.  CHKFOUl),  VaMer. 


METAMORA 
Louis  J.  l\>Uitr:o(ii. 


Woodford  County. 


METROPOLIS  -  Massac  County. 
liohcff  W.  McViU'turn  (lormorly  City  Attorney). 
To  whom  it  may  concern : 

This  is  to  certify  that  I  have  known  IJobert  W.  McCartney  Esq 
an  attorney  at  law,  residino-  i„  this  city,  for  and  during,  the  paat 
SIX  years,  and  that  in  his  business  transactions  as  an  attorney  at 
huv,  ar.d  us  collector  of  claims,  he  has  been  energetic  and  successful 
and  i.ronq.t  ,n  paying  over  all  moneys  collected  by  him,  and  I 
oheerlully  recommen.l  him  to  any  and  all  persons  who  may  require 
the  services  of  an  attorney. 

EDWAllD  ]\[<MAnON, 
<\mnt\j  Judije,  Massac  Counti/,  III. 

MOLINE-Rook  Island  County. 
Euf/fuc  Lctris. 

TuK   Monvw    NM'ioxAr.    Ha\k,  * 

r      1         u  ^^^MWK,  111.,  ,/,,/;.  •i'J,  1873.       f 

Jo  v'hoHt.  it  ma)^  conctrn:  '      '   •      ) 

t  henv\vy  certify  that  ^  am  well  a(«.)uaiutiHl  with  Eugene  Lewis  a 
pmeticmg  attorney  of  this  city,  and  that  he  has  a  go^d  reputation 
lor  capalnUty  and  efficiency  as  a  lawyer,  and  bears  an  irreproach- 
able character  for  integrity  as  a  man. 

RospectfiUly, 
y.  ^V.  WIIEELOCK.  I^-mdent  Molitie  National  Bank. 


Y  liiiii,  ;vii(l  I 
>  may  require 


ILLINOIS.  39 

MONTICBLLO-Piatt  County. 
Jjinhjr  tt*  llnsfoii. 

W.M.  E.  LoDUK. 
HaUVHY  E.   IIlJKTON. 

MessrH.  L..<lj...  &   I|„ston,  of  M.jnfi.ello,   Til.,  are  reliable  and 
resi.c.iMl.le  -eiiMenien,  un-l  prcmpl,  e.vperlence.l  find  ul.Ie  lawyers. 
JirilAM  JACKSON,  iJouHtyJaduc,  Piatt  County,  III. 

MURPHYSBOROUGH- Jackson  County. 
Ah  fit  h  mil  11.  Puf/h  (State's  Attorney). 

This  is  to  eertily  that  we  are  well  ac<iiiainte<l  with  A.  II  Viwh 
an.l  take  j.leasure  in   reeonmien.lin-  him   as  a  reliable  attorney  at 
law,  and  are  confi.lent  that  he  will  attend   to  all  business  intrusted 
to  luni  with  iiomitness  and  to  tiie  best  of  his  skill  and  ability. 
S.  S.  HALL,  IJxc.  Jhink,  Mnrplui>ihorou(jh. 
GILL.  J.  JiUlill,  Co.  IVeaxurtr. 

ONAEGO  —  Iroquois  County. 
Isaae  A  an evtu an . 

c  ,,  „  „  OxARGO,  JSTooeinha'  4,  1872, 

fc?.  l\  KxKELAND,  Es(i.,  Alkmij,  N:  T.: 

1)i:au  Si  1!.— Understanding  that  Isaac  Amorman,  of  this  i)lace 
IS  dcsiroMs  .>f  beeoming  a  member  of  your  Association,  I  cor.liallv 
indorse  h.m  for  tluit  position.  lie  has  long  resided  here,  and  his 
legal  expenenee  for  the  past  seven  years,  together  with  his  inte-ritv 
as  a  busmess  man,  render  him  well  <puditied  to  perform  any  duties 
that  may  be  assigned  to  huu. 

Truly  yours, 
CIIAS.  IL  WOOD,  Judye  Thirtieth  Cirant,  III. 

OTTAWA -La  Salle  County. 
Edn'in  W.  Deivei/. 

PARIS  — Edgar  County. 
Ci/rus  V.  Jaqnlth. 

0.  \.  Ja.iuith  is  a  member  of  the  Paris  bar,  in  good  standing  and 
reputation.  s      ^ 

P-uus,  111.,  April  24,  1873.         ^'  ^^  ^^^^^^^'  ^''"'^'^  '^'"'^^- 


no 


//,//\    /.v. 


ii  i  ii 


Mil 


PEORIA  ,  Oouiity. 

•'•'""•"*     ^''    'f •''•'.    '»'•    till. Ml  lliiM    ,.i(y,    in    11    yomii;    nwui    of 

UII.|II.',sti.)||!lltl<'    illl.',4;ii|y .    ;    mI     iii.ltiHtfy  I     1        u     ,,r 

>i>ili)^  tiiiiii  I'll! il led  to  III  >ri<  i'oiili<li>ii(   >. 

S.  I).  I'UTKl.UAI'UIl,  .,uj,,e  ^S^tmifh  Vi, 

Vkouw,  111.,    lAfy  H.   ISdll. 

PETERSBURG    Mtnard  bounty. 
*foftn   T.  ,l/f,Vf •*•///. 

Staik  oi"  Iiiinoim,  ^ 
Mtihinl  (\>intf;/.     \ 


Oki'ick   ov  riiK  .IiDuic  or   iiik  (Nuintv  C 


M 


K\AUI>    (  .M'MV,    .(/)/•//,    !sv;i. 


I  (!\K<'    ph'MNiiiv  ill    n'ooiiiincinliiij^;-   lo  ||it<   Mcii'IimiiIn'  1 


l,;nv  Asso.'ijuioii  .lolni  '\\  IMcNoclv.  I* 


I 

lolci'livc 


St].,  of  I  his  |i|;ii'(',  !is  i\   von 


iiU' 


iitlonioy  ol    tiiio  ii1>ility.  iiiKiuoslioncI   inl.'iriiiy.  .,,,,1    „,,||    M,,,,|i(i,,,| 


to  mulcitnkf   jiiiy  log.il  luisiiicss   iiHiiislcd    lo   Ii 


lias  tlio  ii'piilation  of  l»i>iiin'  piom|il  aii.l  l.iiilirul  in  (j 


ini.      Mr.  AliNCily 


his  olioiils. 


U'    llltlTCHlS    of 


(.  .  M.  UOHKirrsON,  ./i„f;/r  MohirJ  (\Hinf;/  Coiirf. 


T.  A    K.  Alick,  riork  of  ih,.  Coiiniy  foinl    within   aii.l   lor  sui,| 
ooiinly.  rlu-iMlnlly  ooiuMir  in  tlii>  !ilio\(>  tt'siimonial. 


lus.l 


WiiiK'SH  my  liaiiii  .•in.l  otru-ial  scul,  m  n»v  ollic<>  in  rctcrsl 


in  sai.l  ooiinlv,  this  ':-2i\  day  of  Ajnil,  A.  D.  ISV.i. 


nn'ir 


A.  K.  MU'K.  (7,rL 


nofh  rf   li,  (risirr//. 


PITTSFIELD      Pike  County. 


PONTIAC- Livingston  County. 

Smith   V.  (itirratt  (Distriol  Attornoy  for  iho  Twonty-.sovciith 
Juilioial  Distrii-i  of  Illinois). 


J/JJNO/S. 


yi 


woiUv-sovoiith 


PRAIRIE  OITT,  BLAUDINSVILLB  and  OOLCHES- 

TEP      M'  ^^lono'     h  County. 
,/.  //,  Jilri'imm/f  (T.  O.,  IIiimI        ,  III,). 

nimilNKI.I,,  III.,  ./,//„;   I  1^   |H7:|. 

I   lu'irhy  .M-rtiry  th.-.t  Jim.,,!,  |{.  M,.(',„„„.||  in  iMTHotmlly  known 

•"  ""'  '''•■''■  '"'  ''-"^  ••'  K I  <li'ini.|..r,  nil. I  in  niimhW  „f  tmnHiictiriL' 

tiny  InisincNH  llial,  niiiy  be  iiitniNlcd  In  liim. 

.1.  15.  C;UMMIN(}S,Cr,M/<r  /'hrm,-r>i^  A'„tl,mnl.  llmk 

i>/  IhiHhnvM,  III. 

PRINCETON     Bureau  County. 
Ili'mh'i-snn,  Trhiihh-  «t  /tittfrr. 

'i'llOS.  .1.    IIlCNKICKHON, 

11.  l\l.  Tkimi.mc. 
IImnuv  r.  lUnMcu. 

ll('C(lllllll(>tl(lo(l. 

K.  S.  LKLANI),  Jnd^c  CircnU  Court. 

SHAWNEETOWN  -Gallatin  County. 
CaH  Itocdvl.  ((;ity  AUonu-y). 

KiitsT  NAiroNAr,  Mank,  | 

HiiAWNicCTovvN,  III.,  Marr/i,  J,  Ih7;i.  f 
To  irhitiii,  it  ))i(nf  fonccr/i. : 

Our  liiiiik  liiiH  hu.l   ()«(!!iHioii  mcvctji!  times  to  ciriploy  Mr    Carl 
K.KMlrl  MS  :m  -Mlonn-y,  ;iM.I  we  h.ivo  r.„in.l  liin,  ,,rn,M|.l,  and  ivliable 
Mr.    iJoc.ld    iH    well    (lualifio.l   to    uiidutak..    any    l,..r,il    hnsiness 
intriislcd  to  liiin. 

J.  M.KKK  I'KFa'LES,  /'remlcuL 

SHELBYVILLE  -  Shelby  County. 
lloimi'  S.  Mousrt'. 

SPRINGFIELD -Sangamon  County. 
Saiinicf  IK  Sr/tofcs. 

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92 


ILLINOIS. 


STERLINO-  Whitesides  County. 
Binsmoor  &  Stayer. 

James  Dinsmoor  (ex-Member  of  Legislature). 
Waltek  Stagke. 

First  Nationj*  :.  Bank,      ) 
Sterling,  III,     ijiril,   1873.  j 
We  know  the  law  firm  of  Dinsmoor  and  Stager,  doing  business 
m  this  city,  as  reliable  and  responsible  men. 

JOHN  S  MILLER,  President. 
W.  A.  SANBORN,  Cashier. 


11 


h  '  ■ 


SULLIVAN  — Moultrie  County. 
Alvin  P.  Green. 

Sullivan,  Moultrie  Co.,  Til,,  ) 

nf     o  t:.  Tr  March  19,  1873.  \ 

Mr.  S.  F.  Kneeland:  ' 

Dear  Sir.— I  have  had  an  ojiportunity  to  be  some  acquainted  with 
Mr.  A.  P.  Green  of  this  town,  and  so  far  as  I  am  informed,  he  is 
worthy  to  be  intrusted  with  any  legal  business  that  might  be  placed 
in  his  hands.  I  further  state  that  I  take  pleasure  in  recommending 
liira  to  you  as  a  suitable  man  to  become  a  member  of  your  Associa- 
tion. 

[l.  s.]  ARNOLD  THOMASON,  County  Judge. 

I  fully  concur  in  the  above  statement. 

A.  N.  SMYSER,  Countij  Clerk. 


SYCAMORE 
Aaron  C.  Allen. 


De  Kalb  County. 


The  Sycamore  National  Bank,  ) 

^      ,        .  Sycamore,  111.,  ^jun7  8, 1873.      f 

Jo  tonom  It  may  concern: 

We  cordially  and  cheerfully  recommend  A.  C.  Allen,  Esq.,  of 
this  place,  as  an  attorney  veil  qualified  to  undertake  and  conduct 
legal  business  intrusted  to  him,  he  being  prompt  and  faithful  to  the 
interests  of  his  clients. 

P.  M.  ALDEN,  Cashier. 


liiJ 


lllf 


ILLINOIS. 


93 


ir,  doing  business 


TA YLORVILLE  -  Christian  County. 
James  Carroll  McBride. 

To  all  whom  it  may  concern :     ^''^^''''^^^^^^  I"-,  Jan.  14,  18^3. 
I  do  Iiereby  certify  tliat  J.  C.  McBrido  is  in  nff., 

H.  M.  VANDEVEER, 
Judge  Eighteenth  Judicial  Circuit,  III. 

TUSCOLA -Douglas  County. 
Bohert  B.  McPherson. 

Recommended  by 

JAMES  STEELE, 
Judge  Txoenty-seveMh  Judicial  District 

Wa:.nut,  Bureau  County,  111    ) 

We  bave  been  acquainted  with  J  H  '^mT'^  ''  ''^'-  '  ^ 

have  found  him  well  n,  ^Hfi  7.      "^'^^°'  ^«  «»  attorney,  and 

intrusted  to  1^  T.  r  1  '\r^Z''''''  ^"^  ''S''  ^"'">^«« 
faithful  in  t^.e  ,";;!  s  of  ^T  ^'  "^^^^'^  ^«  P--'^t  and 
fully  accorded  ''"*''  ""^  *^^«  testimonial  i.  .heer- 

A.  R.  STONE, 
SAYERS  &  MYRICK 
PIENKOWSKY  &  CO., 

Merchants,  Walnut,  ' Illinois, 

'^'^TSEKA  — Iroquois  County. 
Alexander  L.  Whitehall. 

T 1      ,  Watseka,  111    Dec.  30th  187a 

is  good.    I  Sard  w'   rr       ""'^  ''"^  '^"^^*«^-  J"«  «*=^»ding 
deuce.  ^         ""^  '"  ^""•^^^'  ^^P'-^We  and  deserving  of  confi 

C.  F.  McNeill,  judge  of  the  County  Court. 


i:  :i !'' 


94 


INDIANA. 


INDIANA. 


ENACTMENTS  AFFECTING  COMMERCE. 


AcKNowLEiwmKNTH.    Scc  Deeds. 

Alikns.    Sec  title  "  liUjhts  of  Aliens:' 

Ahukht  and  Imi'UIBonment  for  Debt.— Imprisonment  for  debt 
is  prohibited  by  tlie  Constitution  of  the  State,  which  pro- 
vides that  no  dei>tor  sliall  be  arrested  in  a  civil  action  except 
in  cases  of  actual  fraud.  Debtors  are  sometimes  arrested  for 
contemplated  fraud  orj  an  affidavit  that  they  are  about  to  leave 
the  State  and  remove  therefrom  property  with  the  intent  to 
defraud  their  creditors.  It  is  questionable  whether  this  is  not  in 
violation  of  the  Constitution,  and  is  not  generally  resorted  to, 

ATrAOHMKNTH,— An  attachment  will  issue  at  the  commence- 
ment or  during  the  pendency  of  an  action,  against  the  property 
of  the  del>tor,  or  to  garnishee  debts  due  him,    "Where  it  appears 
by  affidavit :  ' 

1,  That  the  defendant  is  a  foreign  corporation  or  non-resident 
of  the  State,  or 

2,  That  the  defendant  is  secretly  leaving  or  has  left  the  State 
with  intent  to  defraud  his  creditors,  or 

3,  That  the  deferulant  conceals  himself  so  that  a  summons  can- 
not be  served  upon  him,  or 

4,  That  the  defendant  is  removing  or  is  about  to  remove  his 
property  or  a  material  part  thereof  out  of  the  State,  not  leaving 
enough  therein  to  satify  the  plaintiff's  claim,  or 

5,  That  the  defendant  has  sold,  conveyed  and  otherwise  dis- 
posed of  his  property,  or  sulTered  or  permitted  it  to  be  sold  with 
fraudulent  intent  to  cheat,  hinder  or  delay  his  creditors,  or 

^  6,  That  Mie  defendant  is  about  to  sell,  convey  or  otherwise 
dispose  of  his  property  with  such  intent. 


in  or  non-resident 


has  left  the  State 


t  a  summons  can- 


INDIANA.  95 

Bills  of  Exchange  and  Promissory  Notes.— Promissory 
notes,  if  made  payable  at  a  lank  in  Indiana,  and  all  bills  of 
exchange,  are  governed  by  the  common  law  rules  in  every  respect 
Notes  not  made  payable  at  a  bank  in  Indiana,  are  not  negotiable 
pajKr  within  the  commercial  meaning.  They  may  be  as8i<rned 
in  the  saii.e  manner,  and  are  subject  to  all  the  defenses  of  ordi- 
nary contracts.  In  order  to  hold  the  indorser  on  such  notes  suit 
must  be  commenced  immediately  after  the  default,  against  the 
maker,  who  must  be  prosecuted  to  insolvency  before  a  right  of 
action  accruer,  against  the  indorser,  without  the  maker  is  notori- 
ously insolvent  at  the  time  of  the  maturity  of  the  paper ;  in  which 
case  the  indorser  may  be  proceeded  against  at  once. 

Mercliants,  in  taking  promissory  notes  in  Indiana,  should  be 
careful  to  have  them  made  payalle  at  a  hank  in  that  State,  and 
contain  also  the  words,  ^'Payable  without  any  relief  from  the 
valuation  and  appraisement  laws.'''' 

Bills  op  Sale  must  be  record'.  1  within  ten  days,  and  require 
an  actnal  transfer  of  possession  to  become  valid  as  to  innocent 
third  parties. 

CHArrEL  M0.1TGA0ES  are  governed  by  the  laws  pertaining  to 
bills  of  sale,  as  'o  execution,  recording  and  delivery  of  propS-ty 
As  every  sale  of  goods,  or  any  interest  therein,  unless  accomim- 
nied  by  inunediate  delivery  and  followed  by  actual  change  of 
possession,  is  presumed  to  be  fraudulent  and  void  as  against 
creditors  ot  the  vendor  and  subsequent  purchasers  in  good  faith 
unless  it  appears  that  such  sale  was  made  without  the  intent  to 
dotraud  such  creditors  and  purchasers  . 

Deeds  of  Trust,  for  the  purpose  of  passing  the  title  to  pro- 
perty or  tor  holding  it  in  abeyance  as  an  express  trust,  are  valid 
and  governed  by  the  common  law  rules  relating  to  trust ;  but 
tJioy  are  not  valid  for  the  purpose  of  securing  a  debt,  or  to  ope- 
rate as  a  mortgage.  ^ 

_  Deeds  and  Mortgages  {Real  Estate)  must  be  in  writing 
signed  by  the  grantor  or  his  legally  constituted  attorney,  ani 
acknowledged  before  one  of  the  following  officers:  a  judge  or 
clerk  of  some  court  of  record,  a  justice  of  the  peace,  notary  pub- 
lic, auditor  recorder  or  mayor  of  a  city,  and  commissioners  of 
deeds  for  the  State  of  Indiana,  appointed  by  the  governor  thereof 


m\ 


96 


INDIANA. 


ii 


!*■ 


m. 


^  i 
I  'I 

Ml 


tor  the  State  where  taken;  or  l)efore  a  minister,  charge  d'affaires 
or  consul  of  the  United  States  in  a  foreign  country.     The  acknow 
ledgment  should  be  made  under  the  official  seal  of  the  officer  tak 
mg  the  same,  or  certified  to  under  tlie  official  seal  of  the  clerk  of 
a  court  of  record. 

The  wife  can  join  in  the  deed  of  her  husband  while  she  is  yet 
a  mmor,  and  her  acknowledgment  may  be  taken  the  same  as  if 
she  was  a  smgle  woman.  She  is  not  bound  by  his  covenants  of 
warranty,  and  has  no  dower  interest  in  her  husband's  property 
but  m  heu  thereof  she  takes  one-third  of  the  real  estate  of  the 
husband  on  his  death,  free  from  the  claims  of  creditors,  if  the 
Ajjole  value  thereof  does  not  exceed  $10,000.  See  Married 
Women. 

Form  of  Acknowledgments.     See  Appendix,  Fovms. 

Deeds  and  mortgages  must  be  recorded  within  ninety  days 
from  the  time  of  their  execution  and  deli^•ery.  Mortgages  must 
contain  an  express  covenant  for  the  payment  of  the  sum  Intended 
to  be  secured,  to  enable  the  mortgagee  to  maintain  an  action 
to  recover  that  sum;  otherwise  the  remedy  is  confined  to  the 
lands  mentioned  in  the  mortgage,  without  there  is  some  writing 
or  bond  given  by  the  mortgagor  to  make  such  indebtedness  a 
personal  claim  against  him. 

Estates  of  Deceased  Persons.— Claims  must  be  filed  in  the 
clerk's  office  of  the  Common  Pleas  Court  of  the  county  where 
admmistvation  is  granted  within  one  year  thereafter,  in  order  to 
recover  ccbts;  and  if  not  filed  within  thirty  days  b  ^fore  the  set- 
tlement of  the  estate,  they  will  b.:  ^rever  barred.  The  claims 
must  be  ]n  writing,  and  contain  s,  ...i  and  distinct  account  of  the 
nature  thereof,  and  the  amount  due  and  mipaid  thereon,  and  be 
verified  by  the  claimant. 

Executions.     See  Judgment  and  Exemptions. 

Exemptions.— Resident  householders  may  select  $300  worth 
of  property,  either  real  or  personal,  which  shall  be  exempt  from 
levy  or  attachment;  the  statute  also  applies  to  parties  moving 
from  one  place  to  another  within  the  State. 

Garnishee  or  Trustee  Process.    See  Attachment. 
Imprisonment  for  Debt.     See  ArreiA. 


INDIANA. 


97 


Interest  and  Usury  Laws  : 

Legal  Rate,  6  per  cent.  ' 

Allowable  hy  contract,  10  per  cent. 

Usury -Th^  e,-ecees  only  k  usurious,  and  may  bo  rocovorod  bv 
action  zf  paid ;  or  recouped,  in  an  action  on  tlio  contract  ^ 

JrnoMEXTS.-A  judgment  of  the  courts  of  record  is  a  lien  on 
the  .oal  estate  0    the  defendant  in  the  county  Xe  thTidJ 
nient  rol    ic  docketed  or  a  transcript  thereof 'Ld.     J    'ienf 
of  the  federal  courts  operate  as  liens  on  all  of  the  real  estate  o 
the  defendant  situated  in  the  State      Ti>P  lin,    T-    , 
co^inuesten  years,  and  may  be'r^Ld  Ir^tir  ^  ^jr"^^ 
A.ec.Uons  may  issue  at  any  time  within  five  years  f  on  'the 
entry  oi  judgments;  leave  of  court  must  be  obta  ned  afte    t^al 
time,  and  during  the  life  of  the  iudL^ment  •  thov  Z  «  v 
the  personal  property  of  the  ^.^L^^tCZ:^^:^,  Z^ 
ment  is  entered  from  the  time  of  delivery  to  the   heriff  ai  d t 
other  counties  from  the  time  the  levy  is  made  thereon     ' 
LiMrrATioN  OF  Actions  : 

Two  J  ««.     Actions  for  injuries  to  person  or  chmoter  and 
foMlie  penalty  m  the  forfeitnre  of  a  statute  °"''~"»^'  ""f 

J^::JzL:t^'" "'™"  -  """^"^  »'«"■■  - '- «-'-. 

f./!r  ^  7''-.^''"'»"'  by  the  defendant,  his  heirs  or  assigns 

cLltLr'™"""" "' '""  ™'  -'^"^  -"  "^  '"«  »>.o"  tf  uS 

actions  on  written  contracts,  notes  and  jud/ne  t  ' 

.."rr';:rrriirdisSh;r^ 

action  two  years  after  the  disaMlitie   a™  riveT  ""'""rrV" 
""'*•"<•'«  foverns  as  to  contract,  of  other  Satt      A  " 

.TtS-d^^Stfttr^^^^^^^^^ 

M.™.o  W«^.  _p,,perty  held  hy  the  wife  at  the  time  of 


98 


INDIANA. 


her  marriftgo,  or  acquired  by  her  thercatter,  inures  to  her  boIo 
and  eeparato  benefit.  She  haa  no  dower  interest  in  tlic  real  estate 
of  her  husband,  but  receives  a  certain  portion  of  his  real  estate  in 
fee  at  tlic  time  of  his  death,  being  one-third,  if  the  aggregate 
value  is  less  than  $10,(IOO,  one-fourth  if  between  )i$]0,0()0  and 
$20,000,  or  one-fifth  if  the  value  exceeds  $20,000.  She  may  waive 
her  statutory  rights  and  take  under  his  will,  if  she  elects. 

A  married  wonum  cannot  nuike  a  valid  contract  unless  empow- 
ered by  the  court.  If  her  husband  abandons  her,  or  is  confined 
in  the  penitentiary,  or  is  insaue,  the  cotirt,  on  applicaticni,  will 
authorize  her  to  make  contracts  and  to  sue  and  be  sued  in  lier 
own  name. 

Promissory  Notes.    See  BllU  of  Excliamje. 

Wills  executed  out  of  the  State  are  governed  by  the  law  of 
the  place  where  executed,  as  to  their  validity.  The  statute 
requires  a  will  to  bo  in  writing,  signed  by  the  testator  and  sub- 
scribed by  two  witnesses  in  his  presence. 

The  husband  cannot  devise  the  real  estate,  reserved  by  law  to 
his  wife.  Married  women  may  devise  and  bequeath  their  sepa- 
rate estate. 


»'j  % 


SAMPLE  PAGE  OF  I.AW  UEGISTKH. 


00 


INDIANA. 


ANDERSON-Madison    County. 

3imou  S.  Itobhisou  (formerly  Slate  ScDator  of  Indiana), 

FiusT  National  Bank,  ) 

v-      „     /         .,  ^NDKUSON,  Ind..  2>tc'.  23,  1872.  f 

Jo  (til  whom  it  mm;  concern:  "'-i.  ) 

I  take  i.Ieasnro  in  recom,„enclinpr  Col.  M.  S.  Kobinso,,  as  an 
lUornry  who  ,,s  wd  qual.fie.l  to  u.HK.,tako  any  Wal  l,n  l,u  "s 
...■n,|an  at  orney  of  lon^.  practice,  and  I.orf.cliy^vsp  us  b  o  nd 
faithlul  111  the  interest  of  his  cliontH.  r^usiuit  ana 

TilOS.  N.  STILT, WELL, 
Prest.  First  jXat.  Bank,  Amhirson,  Tnd 

mum  S  Robinson  is  a  member  of  the  Anderson  Bar,  of  high 
standing,  trustworthy,  and  a  responsible  gentleman.  ^ 

JOHN  DAVIS, 
Jmhje  Seventeenth   Circuit,  Ind. 

ATTICA— Fountain    Countv 
Ihhuc  E.  Schoonover. 

FiiJST  Nationai,  IJank  of  Aitjca    ) 

To  whom  it  ma,,  concern  :        ^"'"'"''  ^"•^•'  ^'^'^'    ''    ''''■      '  > 

Schol,nove7or;ir.'r'  ""•••^^'""•^  ''^S^S^^'^  <>>«  ^^'•vioos  of  Isaac  E. 
.  cnoomnei.ot  this  place,  as  an  attorney  for  this  bnnk  -u  rl  l...v« 
.ound  ,m  qnalified  to  transact  any  legal  lusines^in  tie  'Vhr' 
Ut  Wlieve  h.m  to  be  prompt  and  faitnfnl  in  the  interest  of  is 
clients,  and  havefull  confidence  in  his  integrity. 

SAMUEL  KINNEy, 

Cashier  First  A  at,  M:  of  Attica,  Lid. 

BROOKVILLE     Franklin    County 
Biithley  .f;  Jones. 

Chah.  C-.  BlNKI,KY. 

Wm.  H.  Jonks  (ex-District  and  Prosecuting  Attorney). 

The  Brook VI ixkNationat.  Bank   ) 
M„         Tj-   ,  ,         J^RooKviiXE,  Ind.,  March  31,  1873.         '  i' 
Messrs.  Bnikley  &  Jones  are  attorneys  of  experience    and  are 
con,pet.„t  to  attend  to  any  business  that  may  be   ,         Si  Jo  ti.t^r 
oui  hauk."^  '•■'  "''"^'^  """^  '-sponsible,  and'are  the  attornej's  of 
J.  U.  GOODWIN,  Cashier. 

JOHN  G.  ADAIF?,  President. 


II 11 


El -I 


I 

I 

:  I.       I 


)} 


THE  LVTKKXATIONAL   LAW   ASSOCIATION 

BLNNINOTON,  VT.-Hon   A.  U,  G.nlner.  f..rm..rly  Judge  Advocate  Gca  ' 
I'liil,  8on«toriii.d  Lieut.  Oove.norof  Vt  *    ^'ivocaie  Uea- 

BOSTON   MA8S.-AWS.  Ili„i,,d,  Hydennd  Dickin«o... 

'    I'n,;  I        V '.''•   ""■  L- ,«•  '>iH>rict  Attorney  and  City  S..lici,or. 

rnrOArri   „  t^"-\"''""'  J''^-  P'^'si^ltnt  of  Common  Council,  Iio»lou. 
CmCAC.O,  n.L.-Messr..  Hcatcs,  Oln.y &  Wl.i.ney. 

I  II  ■  1  1  "v,^*^"'^";  '"^f  (''l«ier.>M8lice  of  Illinois. 

Pr  vt.L^r     l;rl  ■'"■^  ^-  ^y'"l'"'y.f«"n*-ily  Senator  in  Kansas. 
CLLVKLAND  OHIO.-MeHMv.  J.  &  j.  c.  Ilutclnn*. 

T  r„  p"  r".".""^'"i!-.''  ^"""'-'•'y  Miinberof  Congrew. 
John  C.  IIutcLins,  Ei-q. 

FREDKHICKSUL  HU  yA.-AU,srs.  Al.uye  &  Filzlu.gh. 
&tt.lt4K;^'^"^- «--— ^  VirK.ni,.. 

MANCIIESTEII  V  ,,      >I,.M..  Morrison.  Stanley  ct  Hiland. 

CHni.!.;'u.'sii"K  ''''"'''■"'  ^I'^tundaaU  Congress. 

Frank  Illiund,  Esq' 
MEMPHIS.  TENN. --Messrs.  Ellett  &  Phelnn. 

I  on"  I.onI?«  l,^."''". '"^"'■Iv  Mcmherof  Congress  and  Judge  Sup.  Cl. 
K17W  r.,M^  :l         ^'"'''"''  fo'n'^-Tly  ^^t'''«  Senator  ol  Misso.iri.  ^ 

NEW  O    LEANS.  LA.-Messrs.  Hawkins  &  Tl.arp. 

iS'c  Tlia'rp,  Eh^'""'  '''"'*'''''  *"'  ^'"^  «"l><-'rio''  Court  of  Louisiana. 

SAN  Fn.\NCISCO.  CALJ-Messrs.  llnisht  Temple  &  Sawyer. 

JloD.  11.  II.  Haiglit,  lnt«;  G..verm)r  of  California, 
on.  Jackson  lemple.  ex  Judge  Supreme  Court  of  CalifornU 

xion.  ciias.  11.  Sawyer 
ST.  LOUIS.  JI(J. -Messrs.  P.,lk  &  Causey. 

Hon:  TCf.  cSeJ'!'''"'"^  ^^''"^'""^  ""'^  ^-  ^-  ^^'""'°^- 
SYUACUSE,  N  Y. -Messrs.  Sedgwick,  Kennedy  &  T.-ncy. 
Hon.  Chus.  B.  Sedgwick,  ex-Member  of  Comfress. 
Clias.  H,  Sedgwick,  Es-q 

w?'  fi*'^,^-  ^^•;n'"'*ly'  ex-Senator  N.  Y.  Slate. 
Wm.  G.  Tracy,  Es(|. 

UTICA,  N.  Y^- .Messrs.  Conkling.  Lord  &  Coxe. 
lion.  Roscoe  Conkling,  U.  ^.  Senator. 

\?r^'  .  Z;"^      .}'  •'"''n'^^'ly  Judge  and  Member  of  Coniiress." 
Altred  Coxe,  Esq.  * 

CANADA. 

Jolin  A    Peikins.M.A.,  D.C.L.,  Professor  of  Com 


QI'EUEC. 


-Montheal. 

mercial  Law,  Victoria  CoHege. 
Ql'ehkc. --Messrs.  Addrcws,  Caron  A;  Andrews. 
Hon.  Frederick  Andrews.  Q  C 
Adolplie  P.  Caron,  B.C.  L. 
Frederick  W.  Andrews,  Esq. 
ONTAIUO.-KiNGSToN.-Mcssr.  Cimpb.ll  &  Macdonnell. 

nil'  )>'-^';»!.V^/"">'^'"'  ^-  ^  '  Senator  and  Postmaster  General,  Ont. 
Hon.  O.  M.  Macdi.nnell. 

NOVA  SCOTIA. -Halifax.-H.  W.  Smith,  Esq.,  Att'y  Gen.  of  Nova  Scotia. 


INDIANA. 


99 


INDIANA. 


ludj{eSup.  Cf. 


essor  of  Com 


ANDERSON  -  Madison  County. 

Milton  S.  ItobluHon  (formerly  State  Senator  of  Indiana). 

F1K8T  National  Bank,         ) 
.  Andekson,  Ind.,  Dec.  23,  1872.  f 

10  all  whom  it  may  concern : 

I  take  pleasure  in  recommending  Col.  M.  S.  Robinson  as  an 
attorney  who  is  well  qualified  to  undertake  any  legal  business 
being  an  attorney  of  long  practice  and  perfectly  responsible  and 
faithful  111  the  interest  of  his  clients. 

TIIOS.  N.  STILWELL, 
J^-est.  First  JSTat.  Ba^ik,  Anderson,  Ind. 

Milton  S.  Robinson  is  a  member  of  the  Anderson  bar,  of  high 
standing,  trustworthy  and  a  responsible  gentleman. 

JOHN  DAVIS, 

Judge  Seventeenth  Circuity  Ind. 

ATTICA  — Fountain  County. 
Isaac  E.  Schoonover. 

First  National  Bank  of  Attica,  ) 

m      ,        .  AiTiCA,  Ind.,  i^Jmaryr,  1873.      f 

JO  wnom  It  may  concern :  ./    '  j 

^  We  have  on  several  occasions  engaged  the  services  of  Isaac  E. 
^choonover,  of  this  i^ace,  as  an  attorney  for  this  bank,  and  liave 
fmind  him  qualified  to  transact  any  legal  business  intrusted  to  him. 
\Vc  believe  him  to  be  prompt  and  faithful  in  the  interest  of  his 
clients,  and  have  full  confidence  in  his  integrity. 

SAMUEL  FINNEY, 

Cashier  First  JSTat.  Bk.  of  Attica,  Ind. 


f 


100 


INDIANA. 


AUBURN  — DeKalb  Co\mty. 
Jaa,  E,  liose, 

Forwurdod  tcHtiinonialf,  whicli  have  been  mlHluid,  and  dupHoatos 
not  yet  received. — [Kd. 

BLOOMFIELD  —  Greene  County. 
Luclen  Shaw, 

Bloomfield,  Greene  County,  Ind.,  ) 
Dee.  2Ut,  1872.  f 

To  whom  it  may  concern  : 

I  hereby  certify  that  Lueien  Shaw,  of  Bloomfiehl,  Ind.,  is  an 
nttorney  at  the  bar  of  Greene  county,  and  in  good  Htanding  in  the 
profeHsion,  and  qualified  to  undertrlte  any  legal  business  intrusted 
to  him. 

II,  BURNS,  Jmhje  of  Common  Pleaa  Court  of  the 
County  of  Greene,  and  Ninth  Jud.  Dial,  of  Ind. 


See  NfiWTOjr. 


BRAZIL  —  Clay  Coimty. 


BROOKVILLE  — Franklin  County. 
Binkley  <&  Jone8, 

CuAB.  C.  Binkley. 

Wm.  H.  Jones  (ex-District  and  Prosecuting  Attorney). 

The  Brookville  National  Bank,  ) 
Bkookville,  Ind.,  March  31,  1873.       j 

Messrs.  Binkley  &  Jones  are  attorneys  of  experience,  and  are 
competent  to  attend  to  any  business  that  may  be  intrusted  to  their 
care.  They  are  reliable  and  responsible,  and  are  the  attorneys  of 
our  bank. 

J.  R.  GOODWIN,  Cashier. 

I  cordially  indorse  the  above  testimonial. 

JOHN  G.  ADAIR,  I'resident. 

Brookville,  Lid.,  March  31,  1873. 
Messrs.  Binkley  &  Jones  are  attorneys  of  experience,  and  are 
competent  to  attend  to  any  business  that  may  be  sent  them.     They 
are  reliable  and  responsible. 

HENRY  C.  HANNA, 

Judge  Thirty-seventh  Judicial  Circuit,  State  of  Indiana. 


■im 


it 


INDIANA, 


mi 


d,  and  duplioatos 


IR,  President. 


',e  of  Indiana. 


BUTLER -DeKalb  County. 
George  11.  K.  JJohm. 

JJuTr.Ku,  Do  Kalb  County,  Ind.,  Dec.  12,  1872. 
To  whom  it  may  concern  : 

TluH  in  to  certify  that  George  II.  K.  Mohh  i.  a  practicing  attorney 
u  good  Htand.ng  ,„  tlnn  Judicial  (Hrcuit ;  that  he  i«  honctl  d 
re  ..ble    an    an    atton.ey   and   buninesH   n.an,   and   merit        ."o 
patronage  in  hiH  profeHHion.  ^'u"   puoiic 

IIIHAM  S.  TOUSLEY.  Judye  Fourteenlh  Idielnl 

Circuit  of  Indiana. 

CAMBRIDGE -Wayne  County. 
Oeo,  A.  John  Hon, 

FittST  NATioNAr.  Bank  of  Cambridob  City  Ind    ) 

m,     .        .,  Novonl/er  25,  1812.  '         '  t 

Jowhomit  may  concern:  .      <*.  j 

Dkau  S'R.-We  have  had  occasion  to  place  claims  in  the  hands 
of  Geo.  A  Johnsor ,  of  this  place,  at  different  times,  and  for  severa 
years,  and  have  found  him  well  qualified  to  undJrtake  any  Wa 
bus,ness  nUrusted  to  him.     Mr.  Johnson  is  prompt  and  faiJhf  din 
l;:r  "^'"  «^--;;^;;;^  -imonyl  verychee^ln; 

THOMAS  NEWBY,  Cashier.      ' 

CANNELTON- Perry  County. 
E.  B,  &  S.  B.  HatflehL 

E.  R.  Hatfield.  • 

Sidney  B.  Hatfield  (formerly  Prosecuting  Attorney). 

CHARLESTON  -  Clarke  County. 
Binon  Bvidfjea  (ex-Member  of  Pennsylvania  Legislature) 

Dillon  Bridges,  Esq.,  is  an   attorney  of   good  standing  in  the 
County  of  Clarke,  State  of  Indiana.  ^ 

CHARLES  P.  FERGUSON, 

Judge  of  Court  of  Common  Pleas,  Clarke  Cmtnty,  Lid 
March  7,  1873. 


\Mi  j: 


U 


102 


b    i 


'^H 


INDUNA. 

Whitby  County. 


COLUMBIA  CITY 
Sooper  t&  Olds. 

Columbia  City,  Ind.,  JUai/  20,  1873. 
Messrs.  Hooper  &  Olds  arc  ijracticing  lawyers  of  Columbia  City, 
both  of  them  personally  known  to  me  av  attorneys  of  integrity, 
responsibility,  efficiency,  good  standing  and  reputation,  and  may  be 
bafely  intrusted  with  any  business  in  the  line  of  their  profeasiop. 

R.  LOWRY,  Circuit  Judge. 

CO VINGTON  —  Fountain  County. 

Michard  M.  Neheker  (ex-Member  of  Indiana  Legislature). 

Ckawfokdsville,  Ind.,  March  3,  1873. 
To  whom  it  may  concern : 

It  affords  me  pleasure  to  certify  that  R.  M.  Nebeker,  of  Coving- 
ton, Fountain  county,  Ind.,  is  an  attorney  of  excellent  character 
and  standing,  and  will  attend  to  all  business  intrusted  to  him  with 
energy  and  promptness.     His  uitegrity  is  beyond  question. 

A.  D.  THOMAS, 
Judge  Thirteenth  Judicial  District. 

CRAWFORDSVILLE  —  Montgomery  County. 
Thornas  &  Thomas. 

CROWN  POINT  — Lake  County. 
Wm.  T.  Horine  (District  Attorney). 

W.  T.  Ilorme,  of  Crown  Point,  Lake  county,  Ind.,  is  an  honest, 
industrious  and  financially  responsible  practicing  lawyer  of  said 
county. 

II.  A.  GILLETT, 

Judge  Thirty-first  Circuit,  Ind. 
May  14,  1873. 

DELPHI  — CarroU  County. 

Andrew  H.  Evans  (ex-Member  of  Legislature). 

^  ^  ,^  Delphi,  Ind.,  March  6,  1873. 

b.  I^ .  Kneeland,  Esq., 

Agent  of  Merchants'  Protective  Law  Association: 

^  This  may  certify  that  we  are  well  acquainted  Avith  Andrew  II. 

Evans,  Esq.,  and  that  he  is  an  honorable  and  trustworthy  attorney, 


INDIANA. 


103 


and  tliat  we  believe  tbat  all  1  usiness  intrusted  to  him  will  receive 
immediate  attention  and  all  moneys  will  be  promptly  remitted. 

Respectfully, 

JAMES  P.  DUGAN, 
President  First  National  Bank  Delphi,  Incl 

REED  CASE, 
Cashier  First  National  Bank  Delphi,  Bid. 

DUNKIRK  -  Jay  County. 
Israel  Alhnon. 

_  I  hei^by  certify  that  Israel  Allmon,  E.g.,  of  Dunkirk,  Jay  county, 
m  the  State  of  Indiana,  is  well  known  to  me,  and  I  take  pleasure  in 
stating  that  he  is  a  man  of  good  character  for  integrity  and  moral- 
ity ;  that  he  is  a  lawyer  of  considerable  experience,  ami  I  have  no 
doubt  that  he  will  attend  to  any  business  that  may  be  intrusted  to 
him  with  promptness. 

J.  M.  IIAYNES, 

Judge  Thirteenth  Judicial  Circuit,  Lid. 
ieUuary  3d,  187S. 


ELKHART  -  Elkhart  County. 
Shuey  «€•  Vmt fleet. 

Michael  F.  Shuey  (ex-Member  of  Legislature). 
John  M.  Vanpleet. 

S.  F.  Kneeland,  Esq.  :  ^^^^^^n-v,  Ind.,  Deo.  1 2,  1 872. 

Dear  Sm.--I  hereby  recommend  Shuey  &  Vanfleet  as  prompt, 
faithful  and  efhcient  attorneys,  to  whom  all  legal  business  can  be 
safely  trusted. 

B.  L.  DAVENPORT, 

Brest.  First  Nat.  Bank,  Elkhart,  Bid. 

EVANSVILLE-Vanderburg  County. 
Wm.  M.  Blakey. 

„,      ,        .  Evansville,  Ind.,  March  1,  1873. 

10  iciiom  It  may  concern  : 

I  take  pleasure  in  recommending  William  M.  Blakey,  Esq.,  a.  a 
rising  young  man  in  the  legal  profession  of  this  city.     He  has  not 


104 


INDIANA. 


ill 
I 


resided  here  long,  but  no  young  man  among  us  is  more  hif^hly 
respected,  professionally  or  morally.  ° 

Very  respectfully, 

W.  P.  HARGRAVE,  Judge  V.  Co.  Cir.  Court. 

FORT  WAYNE  -AUen  County. 
Grahmn  &  Golshall. 

Jas.  E.  Gkaiiam. 
Martin  V.  B.  Gotsiiaix. 

^  Fort  Wayne,  Ind.,  January  15,  1873. 

To  whom  it  may  concern : 

We,  the  undersigned,  officers  of  the  Fort  Wayne  National  Bank 
of  Fort  Wayne,  Ind.,  hereby  certify  that  we  are  acquainted  with 
Mcssvg.  Graham  &  Gotshall,  attorneys  at  law  in  this  city,  and  have 
found  them  to  be  reliable,  prompt  and  faithful  in  the  discharge  of 
every  duty  pertaining  to  all  legal  business  intrusted  to  them,  and 
cheerfully  recommend  them  as^  trustworthy. 

C.  D.  BOND,  J^-est. 
J.  D.  BOND,  Cashier. 

FRANKFORT  — CUnton  County. 
Doyal  &  GariL 

Samuel  H.  Doyal  (formerly  District  Attorney). 
Perry  W.  Gard. 

First  National  Bank,  Frankfort,  Ind.  ) 
_,      ,        .  March  6,  1873.  f 

Jo  whom  It  may  concern : 

We  have  had  occasion  to  use  Messrs.  Doyal  &  Gard  as  attorneys 
for  this  bank  on  several  occasions,  and  have  found  them  well  quali- 
fied to  undertake  any  legal  business  intrusted  to  them.  Messrs.  D. 
&  G.  are  prompt  and  faithful  in  the  interests  of  their  clients,  and 
this  testimonial  is  very  cheerfully  accorded. 

Respectfully, 

D.  P.  BARNER,  Cashier. 

I  cordially  indorse  the  above  testimonial. 

TRUMAN  H.  PALMER, 

Judffe  Ttoentieth  Circuity  Ind. 


INDIANA. 


is  more  highly 


103 


tary  15,  1873. 


GOSHEN -Elkhart  County. 
Wm.C.  Wilson. 

rr     1        -.  Goshen,  Ind.,  Dec.  12,  1872. 

To  whom  it  may  concern  :  •    *i  io<^. 

We  take  great  pleasure  in  recommending  Mr.  W  0  Wilson  an 
attorney  of  our  town,  as  competent  and  reliable  as  a  business  man, 
and  well  qualified  as  an  attorney  to  undertake  any  legal  business 
nitrusted  to  his  care. 

M.  MERCER,  Prest.  First  Nat.  Bank. 
IRA  W.  NASH,  Cashier  City  Nat.  Bank. 

INDIANAPOLIS  -  Marion  County. 
Ediclli  A.  Davis  (Author  of  Davis'  Indiana  Digest,  etc.). 

Clerk's  Office,  United  States  Courts  | 
m      ,        .,  Indianapolis,  Dec.  13,  1872.  '  f 

10  to  horn  It  may  concern :  ' 

Edwin  A.  Davis  ha  for  the  past  twelve  years  been  a  practicing 
attorney  in  tlie  U.  S.  courts  in  this  district,  and  for  the  past  ten 
years  a  IJ.  S.  Commissioner  of  the  Circuit  Court,  and  also  the  author 
of  Davis  Indiana  Digest,  and  the  editor  of  various  other  valuable 
law  works.  To  my  knowledge  Mr.  Davis  has  had  a  large  experience 
in  commercial  and  bankrupt   law;   is  prompt  and  reliable. 

J.  D.  HOWLAND,  Clerk  U.  S.  C,  Indiana. 

We  regard  E.  A.  Davis  as  a  prompt  and  reliable  attorney,  to 
whom  business  may  be  safely  intrusted. 

FIRST  NATIONAL  BANK, 

By  I.  CoHN,  Cashier. 

JEFFEESON  —  Clarke  County. 
G.  E,  31,  Llston, 


KENDALLVILLE- Noble  County. 
Thoniiif,  L.  Gi'aves. 

Thomas  L.  Graves,  of  KendallviUe,  Indiana,  is  a  responsible 
prompt  and  careful  attorney.  pu"8inie, 

HIRAM  S.  TOUBLEY, 
Judye  of  Thirty-fifth  Judicial  Circuit  of  Indiana. 
April  3,  1873. 


fl "  '^ 


fv   I 


100 


INDIANA. 


KBNTL AND  — Newton  County. 
Ward  &  CJrulmm. 

PifiTKit  H,  Waui», 

W.  II,  (ilUIIAM. 

I  have  no  Ji('Hit)itioti  in  recommending  Messrs.  Ward  &  Graham, 
attorncyH  at  law,  as  worthy  of  the  liighest  respect  and  confidence! 

W,  Q.  GKESIIAM,  U.  S.  District  Jmhje. 
Indianai'omm,  Ind,,  Fnh.  22,  1872. 

I  concur  in  tho  above  witli  pleasure, 

THOMAS  M,  BROWNE,  U.  S.  Attorney. 

KNOX—  Stark  County. 
Jo7m  I),  MeLaren. 

South  Bknd,  Ind.,  3Iarch  13,  1873. 
I  take  pleaniur  hi  Haying  that  John  D,  McLaren  has  been  prac- 
ticing Ihw  iuffoie  mo  In  the  Stark  Circuit  Court  for  several  years, 
and  that  I  have  always  found  him  a  skillful,  careful  and  well  read 
lawyer,  hom^ruble  in  all  liis  dealings  with  the  court  and  bar. 
Very  respectfully, 

THOS,  J.  STANFIELD, 

Judge  of  the  Ninth  Jud.  C.  C. 

EOKOMO  -  Howard  County. 
Milton  Gart'lffUH. 

KoKOMo,  Ind.,  June  4,  1873. 
We  hereby  certify  that  we  have  been,  for  the  last  few  years,  well 
acquaint(.'d  with  Milton  Garrigus,  an  attorney  of  this  city,  that  his 
moral  and  j.rofeHMional  standing  is  good,  his  business  qualifications 
above  the  avi^rage,  and  he  is  responsible  in  every  way,  in  our  oi)in- 
ion,  and  well  n-HiJOctod  in  this  community,  and  considered  to  be 
permanently  locatcid  hero,  having  resided  for  more  than  twenty 
years  in  this  county, 

T.  JAY,  RUSSELL  DOL.MAN,  Bankers. 
C,  N.  POLLERD,  Judye  Circuit  Court, 
aoth  Judicial  Circuit,  Iloioard  Co.,  Lid. 


INDIANA.  107 

LAFAYETTE  —  Tippecanoe  County. 
ThoinaHB.  Ward, 

LA  GRANGE  — La  Grange  County. 
Cj/rua  N.  Wade. 

Cyrus  N.  Wade  is  an  attorney  of  the  La  Grange  county  bar,  in 
good  standing,  and  prompt  and  reliable. 

HIRAM  S.  TOUSLEY, 
Judge  of  Fourteenth  Judicial  Circuit  of  Indiana. 
Aluion,  Ind.,  Dec,  21,  1872. 

LA  PORTE— La  Porte  County. 
Leouidas  A.  Cole. 

Tub  Fikst  National  Bank,  ) 

La  Porte,  Ind.,  April  3,  1873.  [ 
We  hereby  certify  that  we  are  acquainted  with  Leonidas  A 
Cole,   attorney  at  law,  of  this  place ;   that  we  have  frequently 
employed  him  in  professional  matters,  and  that  we  esteem  him  a 
tiioroughly  competent  and  skillful  lawyer,  and  in  every  way  trust- 
worthy in  his  profession. 

E.  MORRISON,  President. 
R.  S.  MORRISON,  Cashier. 

LEBANON— Broome  County. 
John  L.  Pierce. 

Fikst  National  Bank,  Lebanon,  Ind. 
To  whom  it  may  concern  : 

This  is  to  certify  that  we  are  well  acquainted  with  John  L 
Pierce,  an  attorney  of  this  place.  We  know  him  to  be  a  graduate 
of  the  law  department  of  the  Indiana  State  University  of  the  class 
of  1869.  We  believe  him  to  be  qualilied  to  undertake  any  leffal 
business  intrusted  to  him.  We  have  perfect  confidence  in  his 
honesty  and  mtegrity.    This  testimonial  is  very  cheerfully  accorded. 

ABRAM  O.  MILLER, 
Cashier  First  Nat.  Bank,  Zebano?i,  Ind. 


108 


INDIANA. 


ill 


y;    I 


\k 


LIBERTY  — Union  County. 
Meiil  &  Stanford, 

J.  S.  Rkid. 

L.  H.  Stanpoed. 

rr      1        ■.  LiBEETT,  Ind.,  January  7,  1873. 

10  xohom  It  may  concern : 

I  hereby  certify  that  Reid  &  Stanford,  attorneys  of  the  Union 
county  bar,  are  competent  attorneys,  and  that  all  business  intrusted 
to  their  care  will  receive  their  careful  attention  and  be  performed 
in  an  honest,  capable  and  legitimate  manner. 

II.  C.  HANNA,  Judge  of  the  Tioenty-sixth 
Judicial  Circuit  of  State  of  Indiana. 

LOGANSPORT  — Cass  County. 
McConnell  &  Nelson, 

LoGANSPOET,  Ind.,  April  4,  1873. 
Messrs.  McConnell  &  Nelson,  attorneys  of  this  city,  having  called 
upon  me  to  certify  as  to  their  standing  and  character  as  lawyers 
and  gentlemen,  to  tlie  Merchants'  Protective  Law  Association, 
I  take  great  pleasure  in  saying  that  I  have  been  intimately 
acquainted  Avith  both  gentlemen  since  1866,  and  can  heartily  recom- 
mend them  as  being  laAvyers  of  ability  and  industry,  and  men  of 
good  morals  and  honesty,  and  fully  competent  to  conduct  any  legal 
business  that  may  be  intrusted  to  their  charge. 

DUDLEY  H.  CHASE,  Judge  of  the  Cass  Circuit  Court. 

I,  Andrew  J.  Murdock,  Cashier  of  the  Logansport  National  Bank, 
concur  in  the  above,  and  say  that  these  gentlemen  have  charge  of 
all  collections  sent  us  and  that  we  have  found  them  prompt. 

A.  J.  MURDOCK,  Cashier. 

MONTICELLO  — White  County. 

e7o.s.  JT,  Matlock  (ex-Judge  of  Common  Pleas  and  Prosecuting 
Attorney). 

MUNCIB— Delaware  County. 
Thomas  J.  Samjde. 

Office  of  the  Muncie  National  Bank  op  Indiana,  ) 

April,  1873.  I 

We  are  well  acquainted  with  Thomas  J.  Sample,  Esq.,  of  this 
city,  and  cheerfully  recommend  him  as  an  attorney  of  good  stand- 


INDIANA. 


109 


Circuit  Court. 


ing  and  ability  at  the  bar,  and  &  gentleman  of  unblemished  reputa- 
tion and  integrity  in  tliis  State. 

JOHN  MARSH,  Prest.  Muncie  Nat.  Hank. 

S.  A.  NELSON,  Cashier. 

J.  A.  BURSON,  Assistant  Cashier. 

C.  P.  SAMPLE,  Director. 

D.  L  HAINES,  Director. 

T       T  11    •   1        xi       ,  Post-Officb,  Muncib,  Ind. 

I  cordially  indorse  the  above, 

HENRY  C.  MARSH,  Postmaster. 
Indiana,  ) 

Delaware  County,  po  «'*«•' 

GEO.  W.  GREENE,  Clerk  Delaware  Cir.  Ct.,  Ind. 
ORLANDO  H.  SWAIN,  Sheriff  Del.  Co.,  Ind. 

NEW  ALBANY  -  Floyd  County. 
S.  K.  Wolfe  (formerly  State  Senator,  now  Member  of  Congress). 

NEW  CASTLE  — Henry  County. 
Forkner  &  Bundy, 

Mark  E.  Forkner. 
Eugene  H.  Bundy. 

This  is  to  certify  that  I  am  well  acquainted  with  Messrs.  Forkner 
&  Bundy,  attorneys,  New  Castle,  Ind.,  and  know  them  to  bo  cffi- 
cient  and  capable  in  their  profession. 

J.  R.  MELLETT,  Judge  Seventh  Circuit,  Ind. 

NEWPORT  — Vermilion  County. 
Wm.  E.  3IcLean  (ex-State  Senator,  Member  of  Legislature  and 
Prosecuting  Attorney  ;  P.  O.  address  Terre  Haute,  Ind.). 

The  First  National  Bank  op  Terre  Haute  ) 
Terre  Haute,  Ind.,  Dec.  10,  1872.         '  f 
To  whom  it  may  concern : 

William  E.  McLean  has  beta  for  past  five  years  attorney  for  this 
bank,  and  is  prompt,  efficient  and  trustworthy. 

H.  S.  DEMING,  Cashier. 


3  '• 


110 


J  N  1)1  AN  A. 


PENDLETON  ~  Madison  County. 
livi'voii  Cntrrn  (('oiiiu<rly  StiiU)  Si-mitor). 

PERU  —  Miami  County. 
.11.  F,  t'mh'ru'ooit, 

Vkhv,  IikI.,  Jdiiiiari/  10,  1H73. 
IS,  V.  Knkki.anh,  Al/nnii/,  A^   )',  ; 

DioAit  Sill.— Wo  would  ivoommciiil  II.  V.  Uiidcrwood,  nttoriiny 
«it  law  in  our  »<iiy,  hh  h  (niHt.wortliy  hikI  lioiiorivldti  iiiiiii,  aiid  an 
nolivc,  i<ii('ijj[o(io.  buHimmH  nmii ;  luid  know  iiiin  to  l»o  cnnaj^od  in 
tlio  rolli>cliiijjt  buHiiu'sM  iit.  lliiH  (iino,  and  would  think  liiin  (Munpc- 
tiMit.  to  opi'ialo  for  tlio  MordiantH'  I'l-otoctivi'  Law  AHMooiution, 
wliioli  you  iv|<iV8i'iil. 

Very  truly  youw, 

LY.MAN  WALKEU,  Affonin/. 

K.  II.  SI  I  IKK,  /Ws.  Fh'Kt  Niitionnl  Ihmk. 


|i:         i 


i 


PLYMOUTH -Marshall  County. 
J'UliHtniff  S.  Fish. 

7)>  oil  ic/ioin  it  tnay  concern: 

South  Hkno,  Ind.,  March  •»,  lS7;i, 
T  tako  ploasuro  in  saying  that    K.  S.  Fish,  Ksij.,  of  riyinouth, 
ISIarsliall  oounty,  is  an  ]ionor!il>I(>  and  trustworthy  attorney  ;  that 
any  coliootitMis  intrusti'd  to   him  will   lu-  tliligontly  and  I'ailhl'ully 
attondod  to,  and  I  boliovo  sju't'ilily  aooountod  for. 

Very  rospoctfuily,  etc., 
TTIOS.  J.  STANKIKLI),  J mhjc  Sccmth  Jn.  Circuit. 

PRINCETON  —  Gibson  County . 
O.  jr.  WeUwi'n. 

Oscar  M.  Wolliorn,  attorney  at  law,  of  Princoton,  Ind.,  is  bi'lieved 
by  mo  to  bo  a  oapablo,  honost  and  roliablo  lawyer. 

.MOIUUS  S.  JOHNSON,  Judjc  First  Dint.,  Iml. 


utartj  10,  1H73. 


INDIANA.  in 

RENSSELAER- Jasper  County. 
J7ionijtnou  tt  Jiro, 

SiMiiN    r.  TlIOMI'HON. 
Tmdmah   'I'muMI'HON. 

Simon  r.  ThoiiipHori  m<\  Tliomiis  Thompson,  conii.osing  tho  firm 
of  Tlioii.pHoii  tfc  livn.,  of  JiisiHT  county,  Indiiinii,  uro  i.mctioin^r 
atton.oyH  of  Huid  county,  of  good  al)ility,  standing  and  reputation. 
n.  A.  (illAMTr,  .hid,j(i  tiixteentk  Corn.  Picas  JJiat. 

Vam'akaiho,  March  V.\,  187a. 

Vau'akaiho,  March  13,  1872, 
TlionipHon  ife   Uro.,  lawyers  of  liensHclaor,  Ind.,  are  good  busi- 
ncNH  men,  rcHponHihle  and  roliablo  in  every  particular. 

A.  Mc;COV  &  TllOMl'SON,  Jian/cers,  Jlenssdaer,  Ind. 

RICHMOND  — Wayne  County. 
Daniel  W.  Comstoeh', 

ViHKr  Nationai,  Bank  of  RioinroND,  ) 
llicnMONi),  Ind.,  March  0,  1873,        j 
To  whom  it  may  concern : 

T\w  uiulorHigned  Iiaving  been  intimately  acfpiainted  for  a  number 
of  years  witli  1).  W.  Comstock,  Khcj.,  of  this  city,  would  take  great 
l.leasure  in  Haying  that  iie  occui.ies  a  high  position,  socially  and 
professionally;  is  strictly  moral  and  temperate  in  Jiis  habits,  with 
])roniptneH8  and  ability  in  his  profession,  ami  in  every  way  worthy 
tlie  confidenco  of  those  with  whom  he  nniy  have  business, 

jamp:s  e.  reeves, 

J'i-esident  First  National  Hank,  Richmond,  Ind. 


ROCHESTER 
Keith  «0  Siulth. 

SiDVKY  KKrrn. 
MiLo  K.  Smith, 


Fulton  County. 


112 


INDIANA. 


iii 


1- 


SHELBYVILLE- Shelby  County. 
Hoch'tnan  «t  Grfffln. 

J,  T.  IIocKMAN  (ex-District  Attorney). 

Gbifpin. 

First  Nat.  IJamc,  ) 

SiiELBYViM.K,  Iiul.,  Feb.  15,  1873.  j 
To  whom  it  may  concern : 

It  gives  us  pleasure  to  furnisli  to  tlie  public  this  tcRtimonial  of 
the  standing,  ability  and  responsibility  of  Messrs.  llocknian  & 
GrifHn.  We  recommend  them  cheerfully  to  the  public  as  attorneys 
wlio  are  perfectly  responsible,  reliable  and  fully  (piulificd  to  under- 
take any  legal  business  intrusted  to  them. 

JOHN  ELLIOTT,  Prest. 
A.  D.  LYNCH,  Cashier. 

SOUTH  BEXD  —  St.  Joseph  County. 
Dunbar  &  Alwarih 

Alvin  S.  Dunbar. 

Geo.  H.  Alwakd  (formerly  City  Judge). 

First  National  Bank,         ) 
SouTii  Bend,  Ind.,  Dec.  10, 1872.  j 

We  take  pleasure  in  recommending  the  law  firm  of  Dunbar  & 
Alward  as  attorneys  in  whom  we  have  full  confidence.  They  are 
men  of  good,  sound  principles,  and  worthy  of  all  confidence  as 
attorneys. 

J.  A.  HENRICKS,  President  BTc. 

C.  A.  KIMBALL,  Cashier. 

South  Bend  National  Bank  of  South  Bend,  ) 
South  Bend,  Ind.,  Dec.  9,  1 872.  j 

To  whom  it  may  concern: 

I  would  recommend  the  firm  of  Messrs.  Dunbar  &  Alward  as 
"A  No.  1"  collectors  and  very  good  attorneys.  Any  business 
intrusted  to  them  will  be  promptly  attended  to. 

Very  respectfully, 

WM.  MILLER,  Cash. 


IN-DIANA, 


113 


ilA^.vKv  1).  Scorr  (S.ato  Senator,  f„™„Hy  MombcT  „f  Co„. 
Geo.  C.  Duy. 
Are  fully  indorsod.— [Ed. 

VALPARAISO -Porter  County 
T.  J.  3Ierrl/ielft.  ^" 

FmsT  National  Banij  op  Vau-ahaiso  ) 
To  S.  P.  K....A.n,  E«  J^"'^"^'^^'  ^"^^•'  ''"-'  ^^.  ^B73.^^'  | 

un.loubtod  integrity.  ^        '"«'«  «taii(liag  and 

Yours  truly, 

S.  S.  SKINNER,  I^est. 

M.  L.  McClelland,  co^Ar. 

VERSAILLES  -  Ripley  County. 
Greene  Duvbin. 

Osgood,  Ind.,  April  2   1871 
^^'^rchantsrProtectiveZaw  Association:  '        " 

l.«  ca,o,  and  g,ve,  bnmnes,  ,„tn„tod  to  l.im  proper  attention. 

Respectfully, 

JOHN  G.  BEEKSIIERE, 

Judffe  First  Judicial  Circuit. 

WASHINGTON  -  Davies's  County. 

Wm,  R  Gavainer  (ex-Judge  Common  Pleas  Court  and  Dis- 
trict Attorney).  " 

Clerk's  Office  of  Davies's  County  ) 

7I,,„;  ..  ^^-^SHINGTON,  Lid.,  J/wc-/i8,  1873         f 

10  whom,  It  may  concern :  -^  ^ ,  i  -  m.      j 

I  certify  that  I  have  known  Wra.  Ray  Gardiner  of  Wishinr^fon 
Ind..  as  a  practicing  attorney,  for  nine  yLrs,and  that  h!^:' pre^l' 


114 


INDIANA. 


i 

\%  i 


^1 
J 


1 


liimscif  rill  alilc  aiwl  eloquent  advociito,  iind  nkillful,  dilij^t'iit  mid 
tniHtworlliy  in  advancing  and  Hocuring  llie  interests  of  Ids  clients. 

N.  F.  MALOTT, 
.Jaihjti  TwdjXh  Judicial  Circuit  of  Indid/ut. 

I  heartily  iiulorse  and  concur  in  the  above. 

S.  11.  TAYLOR,  Cashier  Washington  Nat.  Bank. 

WATERLOO  —  De  Kalb  County. 

Mclivtde  «t-  Morlan, 

U.  W.  McHkide. 

Jo8.  L.  MoKLAN  (ex-District  Attorney), 

Watkkloo,  Ind. 
To  v)ho)n  it  may  concern : 

I  hereby  certify  that  I  am  personally  actjuainted  with  Messrs. 
MeHride  &  Morlan,  attorneys  at  law,  jiracticinj^  in  this  and  adjoin- 
ing counties,  and  take  pleasure  in  saying  that  they  are  men  of 
experience,  ability  and  learning,  enjoying  and  meriting  the  conti- 
denco  of  all  who  know  and  intrust  them  with  business. 

JAMES  1.  BEST, 
Jud(/e  Elect  FourtecHth  .fudicial  Circuit  of  Indiana. 

WIN  AM  AC  —  Pxilaski  County. 
Gerard  T.  Wirkers/Kun. 

Mr.  Wickershani  has  held  the  office  of  recorder,  prosecuting 
attorney  and  auditor. 


IOWA. 


115 


IOWA.% 


ENACTMENTS  AFFECTING  COMMERCE. 


'^ATKKLOO,  Iiul. 


lit  of  Indiana. 


(Icr,  prosecuting 


Acknowledgments.     Sec  Dee</s. 

Aliens  may  purcliase  real  estate  and  hold  the  same  for  ten 
years.  A  conveyance  by  an  alien,  made  within  the  time  speci- 
!iw' "      '       '  "''  "^""'"''     '«^'  '''''  ^^«°.  "^^^^^'  ./ 

Akuest  ANi.  Imprisonment   fob  Debt  is   abolished,  except 
^    re  It  appears,  by  proceedings  supplementary  to  execut  on 
that  pi-operty  has  been  fraudulently  disposed  of. 

Attaciiments  -The  attachment  law  of  Iowa  is  practically  the 
same  as  that  of  New  York  State.    See  Mw  York 

CuArrEL  MoKTOAGES  must  be  acknowledged  and  recorded,  or 
tlic  property  delivered  to  the  mortgagee. 

cloaT?n  Z  '^''''''  '""''  ^'  acknowledged,  recorded  and  fore- 
closed m  the  same  manner  as  mortgages  of  real  estate. 
Deeds  and  Mortgages: 

.TO  „f  aL    .    ;  *°  »,*"°^'edgmenl  must  be  made  W„ro  a 

Wr  0  'of  Lt«  °  '=°"'T"'"'»'"-  "f  "«='*,  appointed  by  the 

I,m    ^  .f     °  '  "  "°""^  P""''^'  o'  »  J™«»  of  'he  peace. 

'Iran"      "   ""°-   °''™''  ''-'  »"*""'^  'o  '"''^  »*-- 

to  bj,  the  clerk  of  a  court  of  record,  under  lua  official  seal. 


IIG 


10  WA. 


{ 

(f 
1' 

iBfUH 

': 

When  tlio  fickTiowledgmcnt  is  taken  in  any  foreign  country  it 
may  he  before  any  ambassador,  minister,  secretary  of  legation, 
consul  or  cliai-gc  d'affaires  of  the  United  States;  or  before  any 
officer  of  a  foreign  country  who  is  authorized  by  the  laws  of  liis 
country  to  take  such  adlhowledgment ;  but  the  certificate  of  such 
t'>r"i<ru  officer  must  be  authenticated  by  some  ambassador  or 
minister,  secretary  of  legation,  consul  or  charge  d'affaires  of  the 
United  States,  to  the  effect  that  full  faith  and  credence  shall  be 
given  to  the  certificate  of  such  foreign  officer.  The  certificate  of 
acknowledgment  must  set  forth  the  title  of  the  court,  or  the 
person  before  whom  the  acknowledgment  is  taken,  also  that  the 
party  executing  the  instrument  is  personally  known  to  be  the 
identical  person  whose  signature  is  attached  thereto,  or  that  such 
identity  was  proved  by  a  credible  witness  or  witnesses ;  and  that 
such  grantor  acknowledged  that  he  executed  the  same  of  his  own 
free  will  and  accord. 

Form  of  Ackmmledgmentf.     See  Appendix,  Forms. 

Estates  of  Deceased  Peesons. — Claims  against  the  estates 
of  deceased  persons  rank  in  dignity  in  the  following  order: 
1st.  Debts  entitled  to  a  preference  under  the  laws  of  the  United 
States.  2d.  Public  rates  and  taxes.  3d.  Claims  filed  within  six 
months  after  the  notice  given  by  the  executors  of  their  appoint- 
ment.   4th.  All  other  debts.     5th.  Legacies. 

Claims  of  the  fourth  class,  not  filed  and  proved  within  one 
year  and  a  half  after  noti'^e  aforesaid,  are  barred,  unless  thecir- 
cuinstances  entitle  the  claimant  to  equity  relief,  or  his  claim  ia 
pending  in  the  District  or  Supreme  Court. 

Executions.     See  Ex^imptions  and  Judgments. 

EXEMI'TIONS  : 

Personal  Property. — All  wearing  apparel,  kept  for  actual  use 
and  suitable  to  the  condition  of  the  party,  and  trunks  and  other 
receptacles  to  contain  the  same;  one  musket  or  rifle;  the  proper 
tools,  instruments  or  books  of  any  farmer,  mechanic,  surveyor, 
clergyman,  lawyer,  physician,  teacher  or  professor;  the  horse, 
or  the  team,  consibting  of  not  more  than  two  horses  or  mules,  or 
two  yoke  of  cattle  and  the  wagon  or  other  vehicle,  with  the  pro- 
per harness  or  tackle,  by  use  of  which  any  physician,  public 
officer,  farmer,  teamster  or  other  laborer  habitually  earns  his 


IOWA. 


117 


3SSor;  the  liorse, 


living;  all  private  libraries,  lainily  Bibles,  portraits,  pictures  and 
paintings,  not  kept  lor  the  purposes  of  sale.  If  the  debtor  is  the 
head  of  a  faiuilj,  there  is  further  exempt  one  cow,  one  calf,  one 
horse  (unless  a  horee  has  been  exempted  for  him  under  the  pre- 
ceding section),  fifty  sheep  and  the  wool  therefrom,  five  hogs,  and 
all  pigs  under  six  months  old,  the  necessary  food  for  all  animals 
exempt  from  execution  for  sixty  days ;  all  flax  raised  by  the 
defendant  and  the  manufactures  therefrom;  one  bedstead  and 
the  necessary  bedding  for  every  two  in  the  family ;  all  cloth 
manufactured  by  the  defendant,  not  exceeding  100  yards  in  quan- 
tity; household  and  kitchen  furniture,  not  exceeding  $100  in 
value ;  all  spinning  wheels  and  looms,  and  other  instruments  of 
domestic  labor  kept  for  actual  use,  and  the  necessary  provisions 
and  fuel  for  six  months. 

Ihtnesiead.—K  householder,  being  the  head  of  a  family,  may 
hold  a  homestead  of  forty  acres  of  land,  and  the  buildings  and 
appurtenances  thereon,  not  being  situated  in  any  town  or  city 
plat,  or  one-half  an  acre  within  such  plat.  There  is  no  limit  to 
the  value  of  such  a  homestead. 

Impkisonment  for  Debt.     See  Arrest. 

Interest  and  Usury  : 

Legal  Bate,  7  per  cent. 

Allowalle  by  written  agreement,  12  per  cent. 

Usury  forfeits  all  interest. 

Judgments.— A  judgment  operates  as  a  lien  on  all  of  the  real 
estate  of  thn  judgment  debtor  in  the  county  where  rendered. 
By  tiling  a  transcript  thereof  in  any  other  county  it  becomes  a 
hen  on  the  real  estate  of  the  defendant  therein  situated.  The 
lien  commences  on  the  day  in  which  judgment  was  perfected, 
and  c-iltinues  in  force  for  ten  years  thereafter.  Judgments  of 
the  Justices'  Court  become  liens  in  a  like  manner  upon  filing  a 
transcript  thereof  in  the  clerk's  office  of  the  District  Court  of  the 
proper  counties. 

Limitation  of  Actions  : 

Two^  Years.— Kaiiom  of  slander,  libel,  malicious  prosecution 
ami  mjuries  to  the  person,  and  for  statutory  penalties. 

Three  Years.— kct\om  against  public  officers  for  official  lia- 
bilities. 


1 

w 

Wr 

l: 

- 

' 

1 

I  ^ 

I;  ji    ; 

f 

If 
'l 
! 

^-  ]l     i 

118 


IOWA. 


Fwe  Tears. — Actions  on  oral  contracts;  for  relief  on  the 
ground  of  fraud,  injuries  to  property ;  and  all  actions  not  other- 
wise provided  for. 

Ten  Years. — Actions  on  bills,  notes  and  other  instruments  in 
writing,  on  justices'  judgnaents,  and  for  the  recovery  of  i^eal 
property. 

Twenty  Years. — Actions  on  record  judgments. 

Markied  "Women  have  all  the  rights  and  liabilities  of  single 
women  in  respect  to  property.  Both  husband  and  wife  are  per- 
sonally liable  for  family  necessaries.  The  husband,  in  lieu  of  an 
estate  by  curtesy,  which  is  abolished,  has  the  same  dower  rights 
as  the  wife. 

Promissory  Notes,     See  Bills  of  Exchange. 
Wills  must  be  attested  in  the  presence  of  the  testator  by  two 
or  more  subscribing  witnesses. 


\\ 


IOWA. 


11!) 


IOWA. 


he  testator  by  two 


ALGONA  —  Kossuth  County. 
Charles  Birge. 

Gknts.— I  take  pleasure  in  recommending  to  your  favorable 
consideration  the  professional  services  of  Charles  Birge,  Esq.  of 
Algona.  '        "' 

Since  Mr.  Birge  has  been  in  this  State  he  has  been  a  constant 
practitioner  before  me  in  the  District  Court,  and  I  have  always 
found  him  a  faithful  and  energetic  attorney,  and  possessing  much 
more  tlian  ordinary  legal  ability. 

Respectfully  yours, 
HENRY  FORD,  Judfie  Fourth  Judicial  District. 


■Cass  County. 


ATLANTIC 
Phelps  &  De  Lano. 

R.  G.  PUELPS. 

L.  L.  De  Lang. 
I  hereby  take  pleasure  in  saying  that  I  am  well  acquainted  with 
tlio  law  firm  of  Phelps  &  De  Lano  of  Atlantic,  Iowa,  and  know 
them  to  be  an  honorable,  honest  firm,  and  well  prepared  to  practice 
their  profession.  They  are  both  enterprising  and  rising  young 
attorneys.  I  very  cordially  recommend  them  to  any  one  who  may 
wish  to  know  their  character  and  standing. 

H.  W.  MAXWELL,  Judge  5th  Judicial  District,  Iowa. 
FREDERICK  ^OTT,  Judge  2d  Cir.,  5th  Jud  Diet.,  Iowa. 

BEDFORD  — Taylor  County. 
Jnmes  W.  Whi0n. 

To  whom  it  may  C07icern: 

This  is  to  certify  that  we  feel  free  to  recommend  James  W. 
\\  hiffin,  Esq.,  attorney,  as  well  (jualified  to  attend  any  business 


120 


IOWA. 


Ml 


^ 

J 

'f     '1 

\ 

f 

ll 

F 

< 

) 

i 

r 

iji 

P 

) 

1 

i^ 

■     1 

intruHtc..!  u>  \m  caro  wl.icli   ho  may  unaertake  to  do,  and  that  he 
will  render  ucco(4nt  ol'  Hamc  in  a  just  and  proper  raaunor. 

Respectfully, 
O.  n.  WILSON,  Cashier,  Taylor  County  Bank. 
IJkdj'ohi*,  Iowij,  March  5,  1873. 

BELLE  PLAINE  and  BLAIRSTOWN- Benton  Co. 
Joseph  S.  HaUHburif  (P.  O.,  Vinton,  Iowa). 

Samukl  II.  Watson  &  ^qns,  BankerB,  \ 
Vinton,  Iowa,  April  29,  1873.        ) 
S.  F,  Kiiv:,Ki.\su,'EH(\.,  Albany,  N.  Y.  : 

We  are  well  a(;(pminted  with  J.  S.  Salisbury,  Esq.,  of  Vinton 
Iowa,  and  take  ph^asure  in  stating  that  ho  is  a  competent  and 
reliable  attorney,  Yours,  etc., 

SAMUEL  II.  WATSON  &  SONS. 

BURLINGTON  — Des  Moines  County. 
Newman  a)  JUake, 

TiioH,  W.  Nkwman  (ex-County  Court  Judge). 
Wm,  E.  I}/,akk. 

CABROLL— Carroll  County. 
Geovf/a  W.  Paine. 

Cii-Y  National  Bank  op  Poughkeepsie,  ) 
Pou(HiiiEEPsiE,  N.  Y.,  May  7,  1873.      f 
I  have   known  Oe(;rge  W.  Paine,  now  of  Carroll,  Iowa,  ove? 
twenty   years  as  a   succe'ssful     practitioner  in  tlie   courts  of   the 
State  of  New  York,  an<I  have  no  hesitation  in  saving  that  all  inter- 
ests coi.fi.le<l  to  him  will  receive  faithful  and  prompt  attention. 

J.  F.  BAKNAKD, 
J^-mckni  of  above  bank,  a^id  Supreme  Court  Judge. 
/ 


IOWA. 


121 


County  Bank. 


Benton  Co. 


3N  &  SONS. 


CENTRE  STILLE- Appanoose  County. 
Tannehill  &  Fee. 

Harvey  Tanneuill  (ex-County  and  District  Judtre) 
T.  M.  Fee. 

Centbeville,  Iowa,  Jan.  2,  1873. 
S.  F.  Knebland,  Esq.,  Albany,  N'.  Y.  : 

Dear  Sir.— Tannehill  &  Fee,  of  this  city,  are  prompt,  efficient, 
able  and  very  reliable  attorneys,  and  are  entirely  responsible,  pecu- 
niarily.    They  are  the  attorneys  for  this  bank. 

WM.  BRADLEY, 
President  First  National  Bank,  Centreville,  Iowa. 

CHARLES  CITY  — Floyd  County. 
Hand  tt  Sjrrifjffs. 

T.  O.  Hand. 

O.  R.  Spbiggs. 
S.  F.  Kxeeland,  Esq. : 

Dear  Sib.— Messrs.  Hand  &  Spriggs  are  members  in  good 
standing  of  the  Floyd  county  bar,  of  fair  ability,  pecuniary  respon- 
sibility and  good  character. 

ROBERT  G.  REINIYER, 

Judye  Twelfth  Judicial  Circuit,  Iowa. 
Charles  City,  Iowa,  April  12,  1873. 

CHEROKEE  — Cherokee  Co\mty. 
/.  D.  F.  Smith. 

Sioux  City,  Iowa,  Ifarch  11,  1873. 
7'o  whom  it  may  concern : 

I  am  personally  acquainted  with  J.  D.  F.  Smith,  an  attorney  and 
counselor  at  law,  at  Cherokee,  Iowa,  and  know  him  to  be  compe- 
tent, reliable  and  faithful  as  a  man  and  as  a  lawyer. 

HENRY  FORD, 
Judye  District  Court,  4th  District  of  Iowa. 

CLARI3TDA  — Page  County. 

iV.  B.  3Ioore  (formerly  County  Judge  and  State  Senator). 

Hon.  Napoleon  B.  Moore  is  president  of  the  Page  County  Bank 
and  director  of  the  First  National  Bank  of  Clarinda,  Iow"a.  As 
lio  was  delicate  about  certifying  to  his  own  resoousibility,  we 
waived  the  point.  Ed. 


w 


122 


IOWA. 


CLARION  — Wright  County. 

iV.  F.  Weber. 

Webster,  Iowa,  December  10,  1872. 
To  whom  it  may  concern  : 

This  is  to  certify  that  N.  F.  Weber,  Esq.,  of  Clarion,  Wright 
county,  Iowa,  is  a  member  of  the  bar  of  tliis  State,  in  good  stand- 
ing and  practice,  and  I  take  pleasure  in  saying  that  I  know  him  to 
bo  honest,  capable  and  responsible,  and  any  legal  business  intrusted 
to  him  will  be  faithfully  and  properly  attended  to. 

Yours,  etc., 

D.  I).  CHASE, 
Judc/e  of  District  Court,  llth  District  of  Iowa. 


CL ARKSVILLE  -  Butler  County. 

John  Pahnev. 

The  Butler  County  Bank,         ) 

Clarksville,  Iowa,  March  11,  1873.  ) 
To  whom  it  may  concern : 

We  are  well  acquainted  with  John  Palmer,  a  practicing  attorney 
at  Clarksville,  Iowa.  He  is  well  qualified  to  undertake  any 
business  of  a  legal  character  intrusted  to  him,  and  would  say  that 
he  is  prompt  and  faithful  in  the  interests  of  his  clients,  and  wo 
cheerfully  accord  to  him  this  testimonial  of  our  confidence. 

LOUIS  STEMMER,  Cashier. 
M.  B.  WAMSLEY,  President. 


CLINTON— Clinton  County. 

John  F.  3[cGuire. 

Recommended  by  First  National  Bank,  Clinton,  Iowa. 

CORYDON  — Wayne  County. 

Freeland  &  Cliii'ke. 

J.  M.  W.  Freeland  (ex-Judge  of  Probate). 
Ernest  E.  Clarke  (formerly  Clerk  District  Court). 


IOWA. 


128 


mber  10,  1872. 


COUNCIL  BLUFFS -Pottawatamie  County. 
Mynster  &  Hiffht, 

Wjr.  A.  Mynstkr. 
B.  W.  IIifiHT. 

S.  F.  Knbklanp,  Esq. :       ^'^^'^'  ^'^""''  ^"^^'  ^''-  ^«'  1«^2. 

I  am  well  acquainted  with  Messrs.  Mynster  &  Ilight,  attorneys  at 
Council  I  luffs,  Iowa,  and  know  them  to  bo  careful,  competent  and 
rcsi)onsible  members  of  the  profession. 

J.  R.  REED, 
Judge  District  Court,  3d  Judicial  District,  Iowa. 

DAVENPORT -Scott  County. 
Putnam  cC  Rodr/ers. 

CiiAs,  E.  Putnam. 

John  N.  Rodgeks  (formerly  Member  Iowa  Legislature). 

A  trustworthy  firm, — Ed. 

DECORAH — Winnesheik  County. 
E,  E.  Cooley. 

u   T^   T-  X.  Decobaii,  Iowa,  March  8,  1873. 

S.  F.  Kneeland,  Esq.:  f      '<>. 

My  Dear  Sm.-Mr.  E.  E.  Cooley  is  an  experienced  lawyer  of 
long  residence  here,  prompt  and  faithful  in  the  interest  of  his 
ciien  s,  and  wel  qualified  to  perform  any  professional  business  that 
may  be  given  him. 

Yours,  etc., 

F.  W  BURDICK, 
Cashier  First  National  Bank  of  Decorah. 
11.  S.  WEISER, 
Cashier  Winnesheik  County  Bank. 

r  ^  ^r.  .    VENISON -Crawford  dounty. 
•/.  S.  Nicholson, 

Tr,  ,„A^     •*  Denison,  Iowa,  Dec.  17.  1872 

10  whom  It  may  concern:  ^^-  '■i,  t-ot^. 

.T.  S.  Nicholson,  Esq.,  attorney,  etc.,  is  a  resident  of  this  place 
-a  man  of  strict  integrity  and  good  habits,  and  all  legal  business 
intiusted  to  his  care  receives  prompt  and  faithful  attention. 

MORRIS  McHENRY  &  BRO., 
Bankers,  Denison,  lotoa. 


plj' 

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H  1m  ' 

IVi' 

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1  'HI 

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1 '  Um 

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124 


IOWA. 


■I  ii 


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DES  MOINES —  Polk  County. 
Harbert  &  Clark, 

W.  S.  ItAUiiKitT  (Doj)uty  U.  S.  Attornoy). 
J.  S.  Clauk, 

CrrizKNs'  National  Bank,  ) 

Dks  Moinkh,  Iowu,  Airril  10,  1873.  ) 
S.  F,  Knekland,  Esq. : 

Dkak  Sik.— Wc  take  pleuHurc  in  rocomniending  Mohhi-h.  Harbert 
&  Clark  as  roliablo,  efficient  and  truHtworthy  attorneyH  and  col- 
lectors. They  will  attend  to  buBiness  intrimtod  to  them  with 
fidelity  and  diHpatch. 

JOHN  W.  ULM,  Vmhier. 

II.  W.  MAXWELL,  JJhtrict  Judge 

DEWITT  — Clinton  County, 
Hart  &  Leffiuifwell. 

Wm.  a.  II.  Hakt  (formerly  City  Attornoy). 
Wm.  Ji.  Lkfkinowkll, 

„  ^  ,,  „  Clinton,  Iowa,  March  12,  1873. 

S.  F.  Knkelani),  Esq.: 

Dear  Siu.— MesHiu  Hart  &  Leffingwell  have  been  practicing  at 
this  bar  for  some  years  ;  they  are  both  active,  energetic  and  perKc- 
vering,  and  although  young  men,  have  already  acquired  a  very 
respectable  business  ;  and  we  believe  them  entirely  and  in  all 
respects  trustworthy. 

W.  F.  BliANNAN, 

Judf/e  Bcvmth  Jxulkial  Dutrict  of  Iowa. 


\\  i 


DUBUaUE  — Dubuque  County. 
Win,  3ims. 

Office  of  the  Judge  of  the  District  Couut,      ) 
DunuQUE,  Iowa,  31<ti/  20,  A.  D.  1873.  f 

S,  F.  Kneeland,  Esq.,  Albany,  N.  Y.: 

Dear  Sir.— I  take  pleasure  in  recommending  to  you  William 
Mills,  Esq.,  as  correspondent  for  the  Merchants'  Protective  Law 
Association,  at  this  city. 

Mr.  Mills  is  not  only  a  fine  lawyer,  and  so  acknowledged  by  the 
profession,  but  he  is  also  possessed  of  a  high  character  as  a  gentle- 


IOWA. 


125 


mun,  aiul  in  every  sense  qualified,  faithful  and  most  devoted  to  the 
intorpHts  of  hiH  cliciitH. 

Most  respectfully,  your  obedient  servant, 

D.  S.  WILSON, 
Dist.  Jmlf/e,  Qth  JuiVl  DtsL,  State  of  Town. 

Dubuque,  May  30,  1873. 
S.    F,  Knbeland,  Esq.,  An)any  : 

I  have  been  personally  accpiaintcd  with  Mr.  Wm.  Mills  some  six- 
teen years,  and  have  frequently  had  occasion  to  call  on  him  for 
professional  sei-vices,  and  it  gives  me  pleasuix;  to  say  that  I  can  fully 
indorse  the  recommendation  of  Judge  Wilson  in  all  resiiects. 

Yours  respectfully, 

R.  A.  BARBAGE. 
Cashier  Merchant's  National  Bank. 

ELDORA  — Hardin  County. 
Hvff  &  Reed. 

ir.  L.  IIuFP  (ex-Member  of  Legislature). 
S.  A.  Keeu  (formeily  Clerk  District  Court). 

ELK ADOR  — Clayton  Coxmty 
nenlto  E.  Price. 

EMMETSBURG-Palo  Alto  Coxmty. 
ELLINGTON -Hancock  County. 
J.  H.  IT.  Hmvkins  (P.  O.  address,  Algona,  Iowa). 
Well  reeommended.— En. 

ESTHERVILLE-Emmett  County. 
Erastus  B.  Soper. 

EsTHERviLLE,  March  3,  1873. 
I  take  pleasure  in  certifying  that  E.  B.  Soper  is  a  member  of  the 
l).ar  of  tins  county  and  circuit,  in  good  standing,  and  in  every 
respect  perfectly  reliable  and  trustworthy.  And  I  have  no  hesi- 
tancy m  saying  that  all  legal  and  collection  business  intrusted  to 
Ins  care  will  be  promptly,  efficiently  and  safely  attended  to. 

ADDISON  OLIVER, 
Judge  Fourth  Judicial  Circuit  of  Iowa. 


126 


JOWA. 


]l 


,.1  ; 


mm 


FAYETTE— Fayette  County. 
Wni.  A.  Ilojft. 

I  hereby  certify  tliiit  I  am  acquainted  with  W.  A.  Iloyt,  attorney 
at  law,  wlio  resides  at  Fayette,  lowii  within  the  district  over  which 
I  am  judge,  and  that  I  believe  him  entitled  to  professional  confidence. 

MILO  McGLATIIEKY, 
Judge  of  the  District  Court,  lOth  District^  Iowa. 
Dated  December  10,  1872. 

FORT  DODGE— Webster  County. 
Theo.  Haivley  (ex-State  Senator  of  Iowa). 

FORT  MADISON  — Lee  County. 
John  Van  Valkenherg  (formerly  Assistant  District- Attorney). 

SUPKEMB   COUKT   OF   loWA,  i 

Chambers  of  Hon.  J.  M.  Beck,  Cii.  J,,  [ 
Fort  Madison,  April  18,  1873.         ) 

John  Van  Valkenbcrg,  Esq.,  is  an  able  and  reliable  attorney  at 
law  of  this  place,  and  has  been  in  practice  here  for  the  last  sixteen 
years.  During  all  this  time,  I  have  personally  known  him  well.  I 
am  able  to  say,  without  reserve,  that  he  is  prompt  and  active  in  his 
l)rofession,  and  is  a  reliable  and  responsible  attoniey,  standing  in 
all  respects  among  the  first. 

J.  M.  BECK,  Chief  Justice  of  lotca. 
S.  H.  CRAIG,  Warden  Iowa  State  Penitentiary. 
H.  CATTEKMOLE,  Pres.  Fort  Madison  Bank. 
VV.  D.  HOOVER,  Deputy   Clerk  of  District  and 
Circuit  Court,  Lee  County,  Iowa. 

GRINNELL  — Powesheik  County. 
Haines  ,-£•  Lytnan, 

Robert  M.  IIaines. 
Jacob  P.  Lyman. 

First  National  Bank  of  Grinnell,  Iowa,  ) 
October  25,  1872.  \ 

To  whom  it  may  concern : 

I  can  fully  recommend  Messrs.  Haines  &  Lyman,  attorneys  iu 
this  place,  as  good,  reliable  and  energetic  business  men. 
Respectfully  yours, 

CHAS.  H.  SPENCER,  Cashier. 


IOWA. 

HARLAN  — Shelby  County. 
FofM  <&  Lewt». 


137 


Hstricty  Iowa, 


trict- Attorney). 


INDIANOLA  -  Warren  County. 
fico,  ColHuffH. 

,,,     ,        .,  Indianola,  April  10,  1873. 

Jo  lohoin  it  may  concern : 

I  have  known  Geo.  Collings,  Esq.,  for  .several  years.     He  in  one 

of  the  attorneys  practicing  in  my  court ;  is  a  good  pmHkal  as 

well  as  theoretical  lawyer.     Any  business  intrusted  to  him  will  be 

safely  and  promptly  attended  to.    He  is  peilectly  safe  and  reliable. 

H.  W.  MAXWELL,  Judu^i  Uh  Jmlicial  District. 

First  National  Bank,  State  op  Iowa,  \ 
Inuianola,  Iowa,  April  18,  1873.        ) 
Geo.   Collings,   Esq.,   has    transacted    business   for    us   to   our 
satisfaction. 

ED.  K.  McKEE,  C««/«er. 

IOWA  FALLS  — Hardin  County. 
J.  C.  Wuldi'on, 

Banking  House  of  L.  F.  Wisneu,      ) 
Iowa  Falls,  Iowa,  Dec.  10,  1872.  f 
To  whom  it  may  concern : 

I  have  had  occasion  to  use  Mr.  J.  C.  Waldron  as  an  attorney  for 
tins  bank  on  several  occasions,  and  have  found  him  well  qualified 
to  undertake  any  legal  business  intrusted  to  him.  Mr.  Waldron  is 
prompt  and  faithful  in  the  interest  of  his  clients,  and  this  testi- 
monial IS  very  cheerfully  accorded. 

F.  H.  HART,  Cashier. 

KEOKUK  — Lee  County. 
GiUmore  &  Anderson. 

Robert  H.  Gillmore. 
James  II.  Anderson. 

„  „  „  Burlington,  Iowa,  JVov.  4,  1872. 

f5.  i^.  Knkkland,  Esq.,  Albany,  JV.  Y.: 

Dear  SiR.-It  affords  me  pleasure  to  say  that  Messrs.  Gillmore 
&  Anderson,  attorneys  and  counselors  at  law,  residing  at  Keokuk 
Iowa,  stand  at  the  head  of  their  profession  in  the  judicial  district! 


Ml 
n 


•  i 


I     I 


li 


tUH 


/f>ir,i. 


mill  lliut  llioy  im'  pvotnitl  iukI  .'iii.iK.'(i.>  In  Mif>  |.ni.>lit-(<  of  [\wU- 
piolrMHiHii  'ni..)  inv  Itolh  ^.>nil('iiii>n  ol  Ii..ii,.i'  iin.l  .-r  i|it>  Nliiol.-.t 
illtn^lIlN 

Wimpool Hilly  yiiiii'M,  cli'., 

.?.  THACV. 

hiitft'i,'f  ,ht,h),'  h\ri>t  .fii./h'iot  fhntri,'f,  i,Hr,i. 

lAMV)  sriMNOS      llowiira  County. 
.1.  ,1/.  I  «»»♦  l.ftuwn. 

\M,vn  «..  11. .n    II    A.  «{oo,lii(.|i,  .lii.|«,.,  ol.v.  I.iim.  SpiiiiKM,  l..\vu, 

t.YONS     Ollnton  County. 

Aviwn'  It,  r.<n>»»N  (Momltoi  of  ("ohijivnn.  lomu'ily  .lii.|g«-  ..|" 
I'tiOviti'  i'oml), 

.\\   l»MO\     N,    rHlV«H. 

KolVf   lo  luiy  inonihor  of   Congi.-NM.  or    to    (h,-    I-'icNl    Niilion-U 
Munk  of  l.yonx.  lo\\.», 

MANOHKSTKK     Dolrtwaro  County. 

,,         ,  IMANrUKRtKH.    .VrrJvA    I H,    |S(1,1. 

7i»  ft^hom  ff  »>»<r_v  iN'niVTM.' 

I  Itfuo  on  n»rtuy  ooo.'tmonN  boon  assooi:)!,-.!  wiili  Mv.  An.loison  :is 
•itlovnoy.  ;tn.i  h.-ivo  o\oi  fonn.l  l\in)  (jnnlilio.l  (o  un.lort.iko  .-uiv  lixjil 
U\isino>«s  ^ntn\^to,^  to  l\ini.  Mr.  An.lorsoii  is  ywnnyi  juulfaitliful 
u<  tho  nitoii'M  of  Ins  olionts  .'Hi. I  this  tosiimonial  is  vory  olioort'ullv 
;«ooo)nIo«1 

S.  (}.  VAN  ANDA.  Aftorun, 

\  ;un  woll    :»o,jn!nntoa  xvilli  S.  t^  V.-ui  An.ln.  iui.l  l>;)vo  full  »-onli 
»Um\oo  \u  tho  ,tl>o\o  i\vo)un\i>nil;Uiv>n. 

^".^  •'<  '-"'••*■  S.   lUXU;.  (Vm/.7.A/,/,M 

MAUUOKETA     Jrtokson  County. 

MavJI  OKKVA,  lowjv,  ./uuf  \  18T;«. 
SiK.     I    h.uo   tho   honor  o\    W\\\^   :»o«]u:unlo.i   with    Mr.   (J.   I, 
.lobnson.  ;Utornoy  :U  I.u\.  in  this  oily,  rtn.i  know  him  to  Iv  ;»  p-ntlo- 
n\i*n  o(  iiuoiinty  mu\  jihility  in  his  pn^fossion. 

KosjHvttullv, 

Iv  K."  U'KKVK, 


/^>IIM. 


lao 


m«'  Npiiii^N,  loH.i, 


quokrfOy  7()»Ai, 


MARION      Linn  County. 

,,      ,  ''■'""'    NviiMNM,  Mank,  IMauion,  I.nvA. 

'I'll  'r/iiiiti  )l  lliillf  rniK'iTt.  ,' 

W..  Imv<.  Iiii.l  .KTiiHi.Mi  I.,  urn.  Mr..huui'H  I).  (Jiir.'i.  iih  an  utiorrM.y 
lo,  ilMH  l,:.nk  .m  M.-vnal  nmisinh.,  ami  l.av..  (omi..!  I,i,„  vv.ll  ..imli- 
li"l  I"  M.hl.Ti;,|<,.   any  lr,^al    UhhUwm   inlnisl...!   (,.,  |,i,„.      A|,.  (;    j„ 

l'"""l";'""'   •'"'"''"'  i"    ""•  int...vHtM  ..!•  hiH  .■li,.„(M,  ami  ll.iMh.HU. 
iiiMiiial  \h  \i'\\,  (•lit'crriilly  acc.»r.|ii|. 

I{.   I».   STKI'MKNS,   IWHhfnd. 
A.  W.  CIJANDKIj,,  CuH/urr. 

MARSHALLTOWN      Marshall  County. 
TlnnhhiiH  itiiijovd. 

MARVIN     Pocahontas  County. 
ff.  t\  Siif/fof. 

MASON  CITY     Corro  Gordo  Octinty. 
St  an  In- I'll  ,1-  Stnnlii'i'ff, 

IM.VHttN  CiTv,  Imva,  J„t,v  7,  Ih7;i. 
i  U.K..  |>l,.;iNur..  ill  rocMiiMinhliiiK  MrNsiu  SlaulK-ry  tfc  SlaiilnTy 
Mtl.Mi,..y,sol'    (Ins  rily,  as  |,n.tn|,l    an,|    ivliahlo   lM.Hi„..HH   iimti,  aii.l 
''■'^ '•'"•'•"  ••ir.ina.nto.l  will.  Hx'ni  iir..lVsHi.,nMlly  tl„.  paHi,  ij.r.v  j,,,rs 

W.  II.  I.VTLK, 
/W.v\f,i,t  ( ',',<)',>  (fori/,,  <.'o,„i/i/  Ittink, 

MONTEZUMA      Powosheik  County. 
\y.  if.  I.VH'is  (roiiiu'ily  CK'i'k  District  I'.nirl). 

\V.  If.  LowiH,  Ks.,.,  is  an  m(Io,m,>v  ai    |,.,u  .■it  MoiitozniMu,  I'owo- 
slu'ik  coiMily,  l.iwa,  ill  irocul  stamlinjr. 

S.  (\  nL.VNCIlAUM),  ./«,/,/,.  ,iM  r/rcnU  of  lo,ra. 
MONTICELLO  -  Jones  County. 

Wo,  tlu.  un.U.rsi^nu-.l,  h.-u.k.-.s  of  .Monti.rlio,  .Tonos  coMnlv,  Iowa 
;">;  .HquaMUo.!  with   A.  .T.  Monn-o  ;   lu-  .lors  our  Imsincss,  ami  wo 
Ixliovo  liiin  t.)  1.0  woll  .,ualilio.l,  pn.inpt  an.l  laithful. 
Voiirs  truly, 

CAliPEXTKlJ  &  LOVKTT, 

Jian/,rr/<,  Monticvlh,  Town. 


raj 


i 

i 

1 

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' 

a   ' 

S  * 

'J 

130 


/<'>>irj. 


MT.  PLEASANT  —  Henry  County. 

JP.  N.  liowman. 

Mt.  Pleasant,  Iowa,  3Ianh  21,  1873. 

P.  N.  IJowman,  Esq.,  of  lliis  city,  is  a  good  lawyer,  prompt  and 
reliable. 

T.  WHITING,  I^esident. 

J.  II.  WHITING,  Cashier  National  State 
Bank  of  Mt.  Pleasant. 

MT.  VERNON -Linn  County. 
J.  T.  Rfee. 

Mr.  llicc  comes  to  us  well  indorsed. — Ei). 

MUSCATINE  —  Muscatine  County, 
AtnoA  II.  Knf/j. 

Muscatine,  Iowa,  Aj)ril  17,  1873. 
Amos  H.  Kagy,  Esq.,  has  for  several  years  been  a  practicing 
attorney  in  the  courts  of  the  Seventh  Judicial  District  of  lowii. 
He  has  always  shown  himself  to  be  zealous  and  persevering  in  the 
interests  of  his  clients,  is  a  good  and  safe  lawyer,  and  entirely 
worthy  of  ])rofessional  confidence,  which  lie  fully  possesses  in  the 
community  where  he  resides. 

WM.  F.  BRANNON, 
Jmlf/e  Seventh  Judicial  District  of  loioa. 

NEW  HAMPTON  — Chickasaw  County. 
AyevH  &  Shu  vet'. 

M.  C.  Ayeus. 

IIlKAM    SlIAVEK. 


if 


NEWTON  —  Jasper  County. 
W'tnslow  <t'  Wilson. 

II.  S,  WiNSLow  (ex-District  Judge  and  District  Attorney). 
J.  W.  Wilson  (ex-Judge  County  Court). 

First  Natioxai.  Bank,        } 
Newton,  Iowa,  March  4,  1873.  \ 
7h  whom,  it  may  concern  : 

We  employ  Messrs.  Winslow  &  Wilson,  attorneys  of  this  place, 
to  do  the  law  business  for  this  bank,  and  find  them  well  qualified 


JOWA. 


1.3] 


to  conduct  any  legal  business  intrusted  to  their  care.  And  we 
recommend  them  as  prompt,  faithful  and  reliable  attorneys,  and 
entirely  responsible  for  all  business  intrusted  to  their  care. 

Yours  truly, 

THOMAS  ARTHUR. 

OGDEN  — Boone  County. 
JoJm  D.  Gillett, 

rr     7        .,  Boone,  Iowa,  Dec.  24,  1872. 

Jo  imom  It  may  concern : 

This  certifies  that  I  have  been  acquainted  with  John  D.  Gillett 
.     for  the  past  eighteen  months  ;  that  he  is  a  gentleman  of  good  moral 
character  and  strict  integrity,  and  of  fine  legal  ability;  that  he  ha 
practiced  .efore  me  in  the  Circuit  Court  of  this  Stat  ,  and  I  take 
pleasure  m  recommending  him  to  any  one  who  may  need  his  services 

II.  HUDSON,  Judffe,  etc. 

OSAGE -Mitchell  County. 
Cf/rns  Foreman. 

Cyrus  Foreman,  of  Osage,  Iowa,  is  a  lawyer  of  large  experience 
twefve'  year!      '"    ''  '"'"''  ^'^^l^^^^^bility.     I  have  known^im  fT; 

WM.  13.  FAIRFIELD, 

Cu.r,.^.  n         T  .  '^'"^'^^  Ticelfth  District,  loioa. 

tiiABLES  City,  Iowa,  April  23,  18G9. 

OSCEOLA -Clarke  County. 
John  Chancy. 

To  v-lio)n  it  may  concern  : 
I  have  been  acquainted  with  John  Chancy,  attorney  at  law  of 
.  P  ac.  for  five  years  past,  and  have  found'him  trusCrtl.;  ^^ 

apable  of  performing  any  business  that  may  be  intrusted  to  him 

^^c^;;:a::-etr^'"'^^^"^^'^ 

WM.  CHRISTY, 

Cmhier  of  the  First  National  Bank  of  Osceola 
\\o,  the  undersigned,  proprietors  of  the  Osceola  Bank  take  this 
evasion  to  state  that  John  Chancy  has  been  our  attorn  ytr  th 
last  t.-o  years  and  a  half.     Ho  has  ever  been  faithful  to  our  inte! 


it 


fili 


132 


IOWA. 


rests,  and  now  enjoys  a  large  and  Incrative  practice,  esiiecially  in 

the   collection    clcpartmcnt.      Knowing  what   Ave   do  of  him,  wo 

cheerfully  accord  this  testimonial. 

BURROWS  &  COWLES. 
December  0,  1872, 

State    op    Iowa,  ) 
Clarke  County,     \^^'' 

I,  A.  II.  Burroughs,  do  certify  that  I  have  been  Clerk  of  the  Dis- 
trict and  Circuit  Courts  in  and  for  Clarke  county  during  the  last 
twelve  years,  and  that  John  Chancy,  Esq.,  located  in  the  town  of 
Osceola,  in  said  county,  in  the  summer  of  1807,  and  has  a  large 
local  practice,  besides  a  large  collection  list,  and  is  regarded  here 
as  a  good  lawyer  and  an  honest  man ;  attends  to  business 
promptly  and  engaged  in  all  important  cases.  He  will  make  a. 
good  and  faithful  member  of  your  association. 

A.  II.  BURROUGHS,  Clerk. 
December  6,  1872. 


fi  ' 


OSKALOOSA  —  Mahaska  County. 

F.  M.  DaveniJOi't. 

National  State  Bank  of  Iowa, 
OsKALOOSA,  Iowa,  Januari/  30,  187.3. 

To  v;hom  this  may  concern: 

This  is  to  certify  that  we  have  had  a  long  acqnaintance  witli 
Mr.  F.  M.  Davenport,  and  can  cheerfully  recommend  him  as  an 
honest  and  upright  man,  a  man  of  ability;  and  any  statement  ho 
may  make,  we  think  may  be  fully  relied  npon.  We  believe  that 
any  business  that  may  be  placed  in  his  hands  will  be  attended  to 
with  dispatch. 

Most  respectfully  yours, 

GEO.  W.  HALE,   V.  P.,  N.  S.  B. 
W.  A.  LINDLEY,  Cashier,  N.  S.  B. 


PANORA— Guthrie  County. 
A.  K.  Updeffraff. 

A.  K.  Updcgraff  is  personally  known  to  me  as  an  attorney  in 
good  standing,  and  is  a  competent  and  reliable  business  man. 

H.  W.  MAXWELL, 
Judge  of  Fifth  Judicial  District,  Iowa. 


&  COWLES. 


10  WA. 


1  oo 


PELL  A  — Marion  County. 
Ificholas  J.  Gcttmau  (City  Solicitor).  '■ 

Si'ATK    OF    Iowa,  ) 
Marion  County,    j  **'" ' 

AVo,  the  undersignea,  president  and  casliier  of  the  First  National 
Bank  of  Pella,  Iowa,  do  hereby  certify  that  we  are  well  acquainted 
with  N.  J.  Gesman,  an  attorney  at  law  of  this  place,  and  have  no 
Iiesitancy  ni  recommending  as  well  qualified  to  undertake  any 
legal  business  intrusted  to  him. 

WM.   LUTHER,  Gashltr. 


JGIIS,  CUrk. 


RED  OAK  — Montgomery  County. 
Beemn  &  McPhet'son. 

AiJ,EX  Beesox  (ex-Judge  of  County  Court). 

Sj£1TII   McPlIEKSOIf. 


RED  OAK  JUNCTION -Montgomery  County 
T.  F.  Willis. 

Red  Oak,  January  27,  187.') 
I  certify  that  T.  F.  Willis,  Esq.,  of  this  place,  is  an  attorney  of 
good  standmg;  is  prompt  and  faithful  in  his  business. 

J.  AV.  HEWITT,  Jadye  Third  Judicial  Circuit, 


SHENANDOAH  -  Page  County. 
Wm.  I».  Fetffusoii. 

rr,      ,        .  Claeinda,  lowa,  February  1,  1872. 

10  whom  It  may  concern : 

From  a  personal  acquaintance  with  W.  P.  Ferguson,  as  an  attor- 
I'oy  at  the  bar  and  by  reputation,  I  believe  him  w.  11  qualified  to 
undertake  any  legal  business  intrusted  to  him.  Mr.  Ferguson  will 
1-'  iound  prompt  and  faithful  in  the  interests  of  his  clients,  and 
relialtlc  in  all  business  intrusted  to  him. 

N.  B.  MOON,  Prcs.  First  Nat.  Bank  of  Clarinda. 


/      ;  


184 


/OWA. 


1  f 


SIOUX  CITY— Woodbury  County. 

Isaac  Pendleton  (lormerly  Judge  of  District  Court,  and  Mem- 
ber of  C(;iigre«H), 

First  National  Bank,  ) 

Sioux  City,  Iowa,  Oct.  29,  1872.  f 

I  am  acquaint(!<l  with  Isaac  Pendleton,  of  this  place,  and  cheer- 
fully Htatc  that  he  in  an  able  and  efficient  lawyer  and  an  honorable 
and  reliable  man, 

A.  W.  HUBBARD,  President. 
To  B.  F.  KsKKi.Atut,  Kh(|,,  Alktui/,  K  Y. 

SPIRIT  LAKE  — Dickinson  County. 
Hice  it*  Onborne, 

OuHox  Kicic  (t!X-Dihtrict  Attorney), 
Aliikut  W.  Ohiioknk, 

Sioux  City,  Iowa,  J'a/t.  10,  1SV3. 
7b  tohorit  it  may  eoncern : 

I  am  well  acfiuainted  witli  Ilice  &  Osborne,  attorneys  at  law  at 
Spirit  Lake,  DickiuHon  county,  Iowa  ;  they  practice  before  the 
District  Court  of  this  State  in  tliat  and  adjoining  counties  in  this 
district,  I  know  them  to  be  faithful,  competent  and  prompt  law- 
yerB,  and  cheerfully  recommend  them  to  anyone  desiring  to  employ 
attorneyH  in  that  locality. 

HENRY  FORD, 
Judi/G  Dhtrict  Court,  Fourth  Jud.  BisL,  Iowa. 


STORM  LAKE 
G,  H.  JtobluHon, 


■Buena  Vista  County. 

Sioux  City,  Iowa,  Dec.  15,  l   72. 


2h  whom  it  muj;  concern: 

This  iH  to  certify  that  I  am  intimately  and  personally  acquainted 
with  G.  8,  Robinson,  attorney  and  counselor  at  law,  of  Storm 
Lake,  Buena  Vista  county,  Iowa,  and  with  Jiis  professional  stand- 
ing, and  that  I  know  him  to  be  a  most  efficient  and  faithful  lawyer, 
and  fully  reliable, 

IIKNRY  FORD,  Jiuhje  Fourth  Jud.  Dist.  of  Iowa. 

TOLEDO  —  Tama  County. 
George  U.  Htrilble  ((■x-Jndge  Circuit  Court). 

Tipton,  Iowa,  April  15,  1873. 
HoM.  (ieo.  R,  Strubic,  late  Circuit  Judge  of  the  First  Circuit, 
Eighth  Judicial  District  of  Iowa,  has  been  a  leading  lawyer  of  the 


lOM'A. 


135 


Tama  county  bar  for  the  last  ten  years.  I  have  been  well 
acquainted  with  him  for  seven  years,  and  I  know  him  to  be  a 
lawyer  of  good  ability,  of  large  practice,  and  an  upright  and 
honest  man.  a 

JAMES  H.  KOTIIROCK, 

Judge  District  Court,  Eiijhth  District  of  Iowa. 

VICTOR  — Iowa  County. 
John  LedivicJi. 

Toledo,  Jamiarg  15,  1873. 
S.  F.  Kneeland,  Esq.,  Attorney,  etc.  : 

My  Dear  Sib.— I  take  pleasure  in  certifying  that  John  Ledwich, 
.  Esq.,  an  attorney  and  counselor  at  law,  at  Victor,  Iowa,  is  a  mem- 
kr  in  good  standing  at  this  bar.     I  consider  Mr.  Ledwich  reliable 
and  trustworthy. 

Truly  yours, 
G.  R.  STIIUBLE  [late  Circuit  Judge). 

VINTON  — Benton  County. 
Haines  &  Wurnet: 

WASHINGTON  -  Washington  County. 
Lui'is  &  l^helps. 

J.  II.  Lewis. 
Albeut  Piieu's. 

First  National  Bank,  ) 

Washington,  Iowa,  March  11,  1873.  f 
To  whom  it  may  concerii: 

1  take  pleasure  in  stating  that  I  consider  Lewis  &  Phelps  (attor- 
noTs  of  this  place)  prompt,  reliable  and  worthy  of  confidence. 

JOSEPH  KECK,  President. 

WAUKON  — Allamakee  County. 
O.  31,  3Iay, 

Wauko;,  Iowa,  January  28,  1873. 
This  is  to  certify  that  O.  M.  May,  attorney  at  law  of  Waukon 
loya,  IS  a  member  of  the  bar  of  the  Tenth  Judicial  District,  Iowa 
ani  oflicial  court  reporter  in  and  for  the  same  ;  that  he  is  in  -ood 
an:l  regular  standing  in  said  bar.  '' 

C.  T.  GRANGER, 
Circuit  Judge  Tenth  Judicial  District  of  loica. 


186 


IOWA. 


WAVERLY  — Bremer  County. 
Ej}hraini  Kiniie. 

Tliis  certifies  that  I  am  well  acquainted  with  Ephrnini  Kinne, 
Esq.,  attorney  ol^rVaverly,  Iowa,  and  I  know  hira  lo  he  an  active, 
energetic  and  reliable  attorney,  and  I  take  pleasure  in  recommend- 
ing him  to  all  who  may  have  business  in  liis  vicinity. 

GEr    .-    r'T^DUlCK,  Judye  of  Twelfth  Dist,  Iowa. 

Waverly,  Jow-.  liber  IG,  1S72. 

WEST  MITCHELL  — Mitchell  County. 
H.  F.  Miller. 

I   am  acquainted  with  Mr.  II.  F.  Miller,  and  consider  him  ai  . 
lionest,  reliable  man  ;  of  good  business  capacity  and  prompt. 

J.  r.  BUSH,  Cashier  Osarje  Nat.  Bank. 

WILTON  -  Muscatine  County. 
A.  N.  Van  Cutnp. 

WINTERSET  —  Madison  County. 
Hiram  Y.  Smith  (P.  O.,  Des  Moines,  Iowa). 

National  State  Bank, 
(U.  S.  Depository) 

Diss  Moines,  Iowa,  Aiyrll  29,  1873. 

To  whom  it  may  concern  : 

We  have  nad  occasion  to  employ  11.  Y.  Smith,  Esq.,  as  an  ator- 
ney  for  our  bank  on  various  occasions,  and  know  him  to  be  veil 
qualified  to  manage  such  legal  business  as  may  be  intrusted  to  lim. 
Mr.  Smith  is  an  active,  prompt  business  man,  and  we  cheerfilly 
recommend  him  to  those  that  may  require  the  services  of  an  ator- 
ney. 

F.  II.  WEST,   Cashie: 


IiAJV6'AS. 


ir. 


KANSAS. 

ENACTMENTS  AFFECTING  COMMEliCE. 


Acknowledgments.     Sec  Beech. 

Aliens.    See  title,  "  lights  of  Aliens:' 

Aruest  and  Impkisonment  for  Debt.— No  person   can    l,o 
arrested  m  this  State  for  debt  except  in  the  case  of  fraud      An 
order  of  arrest  will  issue  upon  giving  the  proper  security,  and 
upon  iihng  an  afhdavit  that  the  defendant  has  removed  or  beL^un 
to  remove  his  property  out  of  the  jurisdiction  of  the  court,  with 
the  intent  to  detraud  his  creditors;  or  that  he  has  begun  to  con- 
vert his  property  into  money  in  order  to  place  it  beyond  the 
reach  o   his  creditors ;  or  that  he  has  property  or  rights  of  action 
which  he  fraudulently  conceals;   or  has  assigned,  removed  or 
disposed  ot  his  property  with  the  intent  to  defraud  his  creditors  • 
or  that  he  fraudulently  contracted  the  debt,  or  incurred  the  obli- 
gation, tor  which  the  suit  is  brought. 

ATTAcnMENTs.-In  a  civil  action  for  the  recovery  of  money,  an 
attachment  will  issue  against  the  property  of  the  debtor  iii  the 

lollowmg  cases : 

1st.  When  the  debtor  or  one  of  the  debtors  is  a  foreign  corpo- 
ration  or  non-resident  of  the  State,  and  the  demand  is  upon  a 
contract  judgment  or  decree,  or  the  cause  of  action  arose  wholly 
within  this  State ;  ^ 

2d.  Wlicn  the  debtor  or  one  of  the  several  debtors  has  absconded 
with  the  intent  to  defraud  his  creditors  ;  or, 

3(1.  Has  left  the  county  of  his  residence' to  avoid  tlie  service 
ot  summons ;  or, 

4th  So  conceals  himself  that  a  summons  cannot  be  served 
upon  hiin ;  or, 

5th.  Is  about  to  remove  his  property,  or  a  part  thereof,  out  of 


h 


138 


KAJ^SAS. 


h:. 


the  jurisdiction  of  tho  court  with  intent  to  defraud  hitt  creditors; 
or, 

0th.  Is  about  to  convert  his  property,  or  a  part  thereof,  into 
money  for  tho  purpose  of  j)laeing  it  beyond  tho  reach  of  hJB 
creditors;  or, 

7th.  Has  ])roperty  or  rights  in  action  vvliich  he  conceals ;  or, 

8th.  lias  assigned,  removed  or  disposed  of,  or  is  about  to 
assign,  remove  or  dispose  of  his  property,  or  a  part  tliereof,  with 
the  intent  to  defraud,  liinder  or  dehiy  his  creditors ; 

9th.  Or  fraudulently  contracted  the  debt,  or  fraudulently 
incurred  the  liability  or  obligation  for  which  suit  is  about  to  be 
or  has  been  brought ;  or, 

10th.  When  the  damages  for  which  the  action  is  brought  are 
for  the  injuries  arising  from  the  commission  of  some  felony  or 
misdemeanor ;  or, 

11th.  When  the  debtor  has  failed  to  pay  the  price  or  value  of 
the  article  or  thing  delivered,  which,  by  contract,  he  was  bound 
to  pay  on  delivery. 

The  plaintilF  or  his  attorney  must  file  with  an  affidavit,  con- 
taining the  nature  of  the  action  and  th^  amount  sued  for,  and 
specifying  one  of  the  above  grounds  for  attachment,  an  under- 
taking in  double  the  amount  claimed,  except  in  attachments 
against  non-residents  and  foreign  corporations,  where  no  under- 
taking is  necessary. 

Bills  of  Exchangic  and  Pkomissoby  Notes, — The  common 
law  is  in  force  in  this  State. 

Bills  of  Sale  arc  valid,  but  not  in  general  use.  Thoy  must 
be  followed  by  immediate  delivery. 

Chattel  Mobtoaoes. — A  chattel  mortgage,  or  other  convey- 
ance intended  to  oi)erate  as  such,  which  shall  not  be  accompanied 
bj  immediate  delivery,  and  followed  l)y  an  actual  and  continued 
change  of  possession  of  the  thing  mortgaged,  shall  be  absolutely 
void  as  against  the  creditors  of  the  mortgagor,  and  subsequent 
purchasers  and  mortgagees  in  good  faith,  unless  the  mortgage,  or 
a  true  copy  thereof,  is  forthwith  filed  in  the  office  of  the  register 
of  deeds  in  the  county  where  the  property  is  at  the  time;  or  if 
tho  mortgagor  be  a  resident  of  this  State,  then  in  the  county  of 
which  he  shall  at  the  time  be  a  resident ;  and  every  such  mort- 


ud  his  creditors; 


— The  common 


ISC.     Thoy  must 


KANSAS.  139 

f,'ago  sliidl  be  void  as  against  the  creditors  of  tlie  mortgagor,  or 
subsequent  purcliasers  or  mortgagees  in  good  faith,  after  the 
expiration  of  one  year  from  the  tiling  of  tlie  same,  unless  within 
thirty  days  next  preceding  the  expiration  of  such  year  and  each 
year  thereafter,  t:ie  mortgagee,  his  agent  or  attorney,  shall  make 
an  affidavit,  cxliioiting  the  interest  of  the  mortgagee  in  the  pro- 
perty at  that  time,  and  the  amount  yet  dne  thereon,  which  must 
l)e  attached  to  and  tiled  with  tlie  mortgage. 

Deeds  and  Mortgages,  if  executed  out  of  the  State,  may  be 
acknowledged  before  a  court  of  record,  or  clerk,  or  other  officer 
having  the  seal  thereof;  a  commissioner  of  deeds  for  the  State 
of  Kansas  .•  a  justice  of  the  peace  or  notary  public ;  or  before  any 
United  States  consul,  resident  abroad.  When  the  acknowledg- 
ment is  made  before  a  justice  of  the  peace,  his  ofiicial  positioli 
must  be  certitied  to  before  the  clerk  of  the  court  of  record. 

A  married  woman  who  is  a  non-resident  need  not  be  joined  in 
the  deed  of  real  estate  in  Kansas  belonging  to  her  husband. 
When  the  wife  joins  with  the  husband  she  need  not  be  examined 
"separate  and  ajmrt"  from  him. 

Form  of  Acknowledgments.     See  Appendix,  i^or;rt5. 

Record  of.— Aa  between  the  parties,  recording  is  not  necessary ; 
but  a  deed,  or  other  conveyance  of  any  interest  in  real  estate,' is 
not  valid,  as  to  third  parties  without  actual  notice  until  the  same 
be  tiled  for  record. 

Estates  of  Deceased  Peesons.— Claims  must  be  presented 
within  three  years  from  the  granting  of  letters  of  administration. 
Suits,  if  commenced  within  a  year  from  the  granting  of  letters, 
will  not  carry  costs.  Claims  must  be  presented  to  the  Probate 
Court  in  writing,  and  verified  by  the  oath  of  the  claimant,  "  that 
he  has,  to  the  best  of  his  knowledge  and  belief,  given  the  estate 
credit  for  all  payments  and  oflTsets  to  which  it  is  entitled,  and 
that  the  balance  claimed  by  him  is  justly  due." 

Demands  against  an  estate  are  classified  as  follows  : 

Ist.  Funeral  expenses. 

2d.  Expenses  of  last  sickness,  wages  of  servants,  demands  for 
medicines  and  medical  attendance  during  the  last  sickness  of  the 
deceased,  and  the  expenses  of  administration. 

3d.  Taxes  and  other  liabilities  to  the  State. 


ii^ 


140 


JiAJVSAS. 


i 

i 

i 

4tli.  .Tii(lij;iiu'iits  rctulorcd  n^'iiinst  tlio  dcHioascd  in  liis  lifetime; 
litit  if  any  such  ju(l<,'iiioiitrt  Bhail  ho  liciiH  ujxjii  tlio  real  cstiitu  of 
tlio  deci'iiKcd  iiiid  tlio  estiito  hIiuH  he  iiisulveiit,  they  kIihII  i»e  paid 
without  roferenco  to  classiiieatioiis,  cxcoi)t  the  class  of  deiiiar,ds 
iiieiitioiicd  in  the  first  and  second  suhdivlslons,  which  shall  have 
jirecedcnce  of  such  judj^f incuts. 

r)tli.  All  deniaiubi,  without  regard  to  (luulity,  that  are  le^-ally 
exhihiicd  against  tlio  estate  during  the  first  year  after  granting 
letters. 

Otli.  All  demands  thus  exhibited  after  the  cud  of  one  year. 
and  within  two  years. 

7th.  All  demands  thus  exhihited  after  the  expiration  of  two 
years,  and  within  three  years  after  letters  granted. 

Execution.     See  Exemptions  and  Judymenta. 

Exemptions: 

Homestead. — The  Constitution  of  the  State  of  Kansas  exempts 
from  levy  and  attachment  on  all  claims  (except  taxes,  imjji'ove- 
lucnts  and  purchase-money  on  the  articles  exempted)  the  follow- 
ing ])roperty  :  "  A  homestead,  to  the  extent  of  one  hundred  and 
sixty  acres  of  farming  land,  or  of  one  acre  within  the  limits  of 
an  incorporated  town  or  city,  occupied  as  a  residence  by  the 
family  of  the  owner,  together  with  all  the  improvements  on  the 
same."  The  homestead  "  shall  not  be  alienated  without  the 
joint  consent  of  husband  and  wife  when  that  relation  exists." 
This  exemption  docs  not,  of  course,  apply  where  a  specific  lieu  is 
given  thereon  by  both  husband  and  wife. 

Personal  ProperUj. — The  statute  provides  for  the  following 
exemption  of  personal  property,  except  for  the  wages  of  a  servant, 
mechanic,  laborer  or  clerk,  in  favor  of  each  resident  being  the 
head  of  a  family ;  the  family  books  and  musical  instruments,  a 
seat  or  pew  in  church  and  lot  in  burial-ground,  all  wearing 
apparel,  bedsteads,  bedding,  stores  and  cooking  utensils  used  by 
the  family,  one  sewing  machine,  all  implements  of  industry, 
$500  worth  of  other  household  furniture,  two  cows,  ten  hogs, 
one  yoke  of  oxen,  one  horse  or  mule  (or,  in  lieu  of  one  yoke  of 
oxen,  one  horse  or  mule,  a  span  of  horses  or  mules),  twenty 
sheep  and  the  wool  from  the  same,  the  necessary  food  for  the 
stock  above  described  for  one  year,  either  provided  or  growing; 
one  wagon,  cart  or  dray ;  two  plows,  one  drag,  and  other  fanning 


ICAN^SAS. 


m1  ill  liiH  litctimo; 
tlio  roiil  cstiitu  of 

tlioy  kIihII  i»e  paid 
class  of  deiiiiinds 
which  HhiiU  liavo 

,  that  ivro  le^-ally 
M,r  after  granting 

end  of  one  year. 

Dxpiration  of  two 
ed. 


f  Kansas  exempts 
it  taxes,  imjjrove- 
iip)ted)  tlio  follow- 
one  hundred  and 
hin  the  limits  of 
residence  by  the 
•oveinents  on  the 
ited  without  the 
relation  exists." 
2  a  specific  lien  is 

for  the  following 
ages  of  a  servant, 
sident  beini"-  the 
:al  instruments,  a 
ind,  all  wearing 
utensils  used  by 
ints  of  industry, 
cows,  ten  hogs, 
u  of  one  yoke  of 
I'  mules),  twenty 
ary  food  for  the 
ided  or  growing; 
nd  other  farniiny; 


141 


utensils,  intduding  harness  and  tackle  for  teams,  not  exceeding 
ill  value  H^'MO ;  i)rovision8  and  fuel  for  the  Huj.port  and  use  of 
the  Diiiiily  for  one  year;  the  necessary  tools  and  instruments  of 
any  nic(dianic,  miner  or  other  person,  used  and  kept  for  the  pur- 
pose uf  carrying  on  I'-s  trade  or  business,  and,  in  addition  thereto, 
stock  in  trade,  not  exceeding  $400  in  value,  and  the  library^ 
iiiipicments  and  ofHcc  furniture  of  any  professional  man. 

A  resident,  not  being  the  head  of  a  family,  has  exempt  his 
wearing  apparel,  church  pew,  burial  lot,  necessary  tools  and 
iiiil)lciiiuiits  used  in  his  trade  or  business;  stock  in  trade,  not 
exceeding  $400  ;  and,  if  a  professional  man,  his  library,  implo- 
nients  and  office  furniture. 

Imi'kisonment  for  Debt.     See  Arrest. 

Intkukst  ANn  UsuKY  Laws: 

Lc(/u/,  liatc,  7  per  cent. 

AUowaUe  by  contract  in  writing,  12  per  cent. 

Judgments  bear  the  same  interest  as  the  contracts  on  which 
they  were  founded. 

Usury  forfeits  all  interest. 

JunciMENTs  of  a  court  of  record  are  liens  on  the  real  estate 
situated  in  the  county  where  rendered,  and  also  in  counties 
where  transcripts  thereof  are  docketed.  Judgments  of  Justices' 
Courts  become  liens  upon  filing  transcripts  thereof  in  the  Dis- 
trict Court  of  the  county  where  rendered.  The  lien  of  a  judc^- 
nient  continues  five  years.  " 

An  Execution  operates  as  a  lien  only  on  the  real  or  personal 
property  levied  upon  from  the  date  of  levy. 

Tli(M-e  is  no  redemption  from  the  sheriff's  sale  of  property  under 
executiun ;  but  real  estate  must  be  valued  by  three  appraisers, 
and  cannot  be  sold  for  less  than  two-thirds  of  the  appraisal  value ; 
nor  can  a  levy  be  made  thereon  until  the  personal  property,  not 
exenii)t  from  execution,  has  been  exhausted. 

LUOTATION  OF  AcTIONS  : 

_  One  Fm/'.— Actions  for  libel,  assaiilt,  l)attery,  slr.der,  mali- 
cious prosecution,  false  imprisonment,  and  for  the  penalty  or 
forfeiture  of  a  statute. 

Two  r^rs. -Actions  for  the  detention,  or  forcible  entry  and 
detention  of  lands;   for  the  recovery  of  lands  sold  for  taxes; 


142 


KANSAS. 


ft     \ 


H  ! 


fh    i 


actions  for  trespass,  replovin,  and  injuries  to  rights  not  herein- 
before  mentioned,  and  for  relief  on  the  ground  of  fraud. 

Three  Years. — Actions  upon  oral  contracts,  express  or  implied, 
or  upon  a  liability  created  by  statute,  other  than  a  penalty  or 
forfeiture. 

Five  Years. — Actions  for  the  recovery  of  lands  sold  on  exocn- 
tion,  or  by  executors,  administrators  and  guardians,  under  an 
order  of  the  court ;  actions  npon  written  instniments,  including 
official  and  surety  bonds,  and  all  actions  for  relief  not  herein  pro- 
vided for. 

Fifteen  Years. — Actions  for  the  recovery  of  real  estate,  except 
in  the  cases  above  enumerated. 

If  botli  plaintiff  and  defendant  were  non-residents  at  the  time 
a  cause  of  action  accrued,  and  it  is  barred  in  the  place  whore  it 
arose,  it  is  barred  in  this  State.  As  to  actions  for  the  recovery 
of  land,  if  the  plaintiff  was  under  any  legal  disability  at  the  time 
the  cause  of  action  accrued,  he  may  bring  his  action  within  two 
years  after  the  removal  of  the  disability ;  but  in  all  other  actions 
he  must  pursue  his  remedy  within  one  year  after  such  removal. 

Part  payment  or  a  written  acknowledgment,  or  proujise  to  pay, 
will  renew  all  actions  founded  or»  contract. 

Makkied  Women. — All  the  property  owned  by  a  woman  at 
the  time  of  marriage,  or  acquired  by  her  thereafter,  remains  her 
sole  and  separate  property,  and  cannot  be  disposed  of  by  the 
husband,  or  lia])lo  for  any  of  his  debts.  She  may  convey  her 
separate  estate,  execute  contracts  and  carry  on  business  alone, 
perform  any  services  or  labor  on  her  sole  and  separate  account, 
vote,  hold  office,  and  bo  ha])py  without  the  assistance  or  inter- 
vention of  her  husband.  And  the  earnings  of  any  married 
woman,  from  her  trade  business,  labor  or  services,  shall  be  her 
sole  and  separate  property,  and  may  be  used  and  invested  by  her 
in  her  own  name. 

Query.— Vfhaxx  husband  and  wife  live  together,  but  each  holds 
office  and  has  a  separate  business,  which  is  the  "head  of  the 
family,"  within  the  meaning  of  the  homestead  and  exemption  act  ? 

Wills. — Foreign  wills,  valid  where  executed,  will  be  admitted 

for  record  in  the  Probate  Court  of  any  county  in  this  State  wlieie 

>ro])erty  therein  devised  may  be  situated  ;  and  will  be  as  valid 

1  binding  as  if  executed  according  to  the  laws  of  this  State. 


A'AXSA^\ 


143 


KxiNSAS. 


eal  estate,  except 


ABILENE  —  Dickenson  County. 
John  TT.  Mnhftn  (formerly  County  Attorney). 

FiKsT  Natioxaf.  Baxk,  ) 

JuNXTioN  City,  Ks.,  Jwie  ll,  1873.  |" 
We  have  the  utmost  confidence  in  tlie  inteyritj/  and  ability  of 
John  n.  IMahan,  Esq.,  of  Abilene,  KanwaH. 

W.  B.  CLARKE,  Cmhler. 

ATCHISON  -  Atchison  County. 
//.  i*.  W((f/{/ener, 

-f^TciiisON,  Ks.,  ,7(/«Mary  8,  1873. 
Jo  ir/iom  it  VII IT/  concern : 

I  take  great  pleasure  in  recommending  to  your  favorable  consid- 
eration Hon.  U.  P.  Waggener,  a  regular  practicing  attorney  in  my 
court,  as  a  gent'oman  and  an  honorable  attorney,  and  one  who  will 
I)rotni)tly  attend  to  any  business  intrusted  to  his  care. 

P.  S.  IIUBBAKD,  Jmhje  Second  Ju.  Bist.,  Kx. 

BAXTER  SPRINGS -Cherokee  County. 
Itttcker  ct-  JiHj. 

A.  W.  Ruf'KKU. 
T.  A.  UuCKEU. 

Cherokee  County  Bank,  Baxter  Springs,  Ks. 
To  whom  it  may  concern,  : 

Wo  have  upon  several  occasions  employed  Messrs.  llucker  & 
Bro  to  transact  legal  business  for  us  and  to  make  collections  for 
our  bank,  and  have  always  found  them  well  qu'>lified  to  undertake 
any  legal  business  intrusted  to  them.  They  have  been  prompt  in 
t  Kir  remittances,  and  we  believe  them  faithful  to  the  interests  of 
their  clients. 

GRAVES  &  NILES,  Proprietors, 


<> 

* 


1\\ 


KAN.SAS. 


BURLINGAME  —  Osage  County. 


Jno.  G.  MviViu  (cx-Policc  Judge). 

1>i!iu,i\(;ame  Savings  Bank,      ) 
BuituxGAJiK,  Ks.,  Hay  2',],  1873.  f 
Manaf/hip   Office  of  the  International  Merchants'  Protective  Law 

^■innociaf/on: 

I  lioreby  certify  that  I  liave  been  acquainted  witli  J.  G.  Erwiu 
Tor  two  years  last  past,  tliat  he  is  a  lawyer  of  good  standing  with 
the  incinbers  of  his  profession,  a  reliable  and  competent  lawyer, 
and  qualified  to  transact  any  business  within  Lis  profession  tiiat  he 
undertakes. 

F.  M.  NELSON,  Cashier. 


5  t 


COLUMBUS  —  Cherokee  County. 

Atnofi  Sailford  (ex-Judge  of  Probate  and  Member  of  Legisla- 

lature). 

Columbus,  Cherokee  Co.,  Ks.,  3Iarch  9,  187a. 

This  is  to  certify  that  lion.  Amos  Sanford,  of  this  place,  is  an 
attorney  of  marked  ability  and  high  standing  in  his  profession, 
and  a  man  of  strict  integrity  in  all  his  business  traiisactiojis.  Ho  is 
prompt  and  faithful  in  the  interests  of  his  clients,and  well  qualilifd 
to  undertake  any  legal  business  intrusted  to  him.  In  1808  he  was 
elected  to  the  office  of  Probate  Judge  of  this  county,  by  a  large 
majority,  which  position  he  resigned  in  18C9  by  reason  of  his  elec- 
tion as  Representative  of  the  county  in  the  Legislature  of  1870.  Ilu 
was  the  first  resident  lawyer  of  this  place,  and  practices  in  tlio 
Supreme  and  all  inferior  courts  of  the  State. 

C.  D.  NICHOLS,  Frohute  Jiulge,  Cherokee  Co.,  Ks. 

COUNCIL  GROVE  — Morris  County. 
A,  J.  llufjhcii  (formerly  County  Attorney). 

P'liJST  National  Bank,  \ 

Council  Gkove,  Ks.,  Nov.  26,  1872.  j 
To  wham  it  may  concern: 

I  have  had  occasion  to  use  Mr.  A.  J,  Hughes  as  an  attorney  on 
several  occasions,  and  regard  him  as  a  prompt  and  efficient  collector, 
as  well  as  an  able  lawyer. 

J.  W.  SIMCOCK,  Cashier. 


.  it 


KANSAS. 


SON,  Cashier, 


)CK,  Cashier. 


EL  DORADO -Butler  County. 


145 


A.  L.  L,  Hamilton. 

Office  of  Probate  Judgk,  Butler  Co,  Ks.,  ) 
iiL  Dorado,  January  4,  1873.  \ 

To  u-hom  it  may  concern: 

I  take  groat  pleasure  in  recommencling  A.  L.  L  IHmilton    F«n 
of  tins  c,ty,  as  a  lawyer  of  ability  and  liH.     Pic  s  faU    ul  to    ?"' 
.ntnx.tH  of  his  clients,  prompt  in  transacting  b  si  "'„r  i''! 
gentleman  of  unexceptionable  moral  character! 

.         S-  W.  TAYLOR,  Jndye  of  the  Probate  Court 
of  Butler  County,  Kansas. 

ELLSWORTH -Ellsworth  County 
Philip  T.  PenaUton  (fornaerly  County  Attorney). 

Office  op  County  Judge  > 

iLLLSAVOETii  County,  Kansas,  Jan.  4,  1873  \ 
10  lohom  it  may  co7icern:  ' 

intrusted  him      Mv  rl  ^? "  undertake  any  legal  business 

1^  ^  ;'  S^ts    an]    ;f  1:;- "  ^'T  ^"^^  ^^^^^^^^  -^^e  inter, 
.ents,  and  this  testimonial  is  very  cheerfnlly  accorded. 

^       -I  "^^^^^^ES  MILLER,  County  Judrje. 

EMPORIA-Lyon  County. 
Buck  &  CfinnuHfham. 

J.  J.  Buck  (ex-Register  in  Bankruptcy). 

Ej-    \\  .  CuNNINGUASr. 

I  l.ereby  certify  that  I  am  well  acquainted  with  Buck    «-  C 

I.  H.  WATSON, 
J«d!,e  of  the  Fifth  Mloial  DU.  of  Kanm. 

«-..«e  ,r!r  «°°^^-=-'-  county. 

Co..:.;.  f,I;  "IrdM^r  '""'  ^ '"  "■  ''■  ^°""' "™"--  »'■ 

10 


146 


KAj^^SAS. 


I    If 


li    ' 


in    i 


LAWRENCE  — Douglas  County. 

A,  J.  Reid  (formerly  County  Attorney). 

SisirsoN's  Bank,  ) 

Laweence,  Ks.,  June  7,  1873.  \ 

S.  F.  Kneeland,  Esq.,  Managing  Attorney,  Albany,  N.  Y.: 

Dear  Sik. — Permit  us,  at  request  of  A.  J.  Reid,  Esq.,  to  say, 
that  we  have  known  the  gentleman  for  six  or  seven  years  past,  and 
had  considerable  business  with  him,  in  all  of  which  he  has  been 
honorable  and  straightforward. 

Respectfully, 

W.  A.  SIMPSON,  President. 

LEAVENWORTH  — Leavenworth  County. 

E.  If.  O.  Cloitf/h  (U.  S.  Commissioner,  formerly  City  Attorney). 

The  following  letter  of  recommendation  explains  itself  : 

State  op  Kansas,  Executive  Departjient,  ) 
TopEKA,  January  2Ath,  1871.  j 

ITis  Excellency  the  Governor  of  Montana: 

Sir. — I  have  the  honor  to  recommend  the  appointment  of  E.  N. 
O.  Clouch,  Esq.,  of  Leavenworth,  Kansas,  as  a  Commissioner  of 
Deeds  for  your  Territory.  Mr.  Clough  is  a  lawyer  in  good  stand- 
ing, and  is  also  extensively  engaged  in  the  business  of  convey- 
ancing. I  am  saticified  that  the  trust  which  you  may  repose  in  him 
will  be  creditably  and  faitlifuUy  discharged 

Very  respectfully,  your  obed't  serv't, 

JAMES  M.  HARVEY,   Governor  of  Kansas. 

LINCOLN  CENTRE  — Lincoln  County. 
Walter  L.  Walt, 

Recommended  by 

J.  H.  PRESCOTT, 

Judge  Fourteenth  Judicial  District  of  Kansas. 


MARION  CENTRE  —  Marion  County. 
L.  F.  Keller  (County  Attorney  for  Marion  county). 

The  State  of  Kansas,  ) 
County  of  Chase.       j 

This  is  to  certify  that  L.  F.  Keller,  Esq.,  of  Marion  Centre, 
Marion  county,  Kansas,  is  a  regular  practicing  attorney  in  all  the 


EAl^SAS. 


147 


)N,  President. 


ict  of  Kansas. 


district  courts  of  the  State  of  Kansas ;  that  he  stands  well  in  the 
profes8iou,and  is  reliable  and  trustworthy.  He  was  elected  County 
Attorney  of  Marion  county  in  1871,  and  re-elected  in  1872  for  the 
regular  term  of  two  years,  from  January  13th,  1873, 

In  witness  whereof  I  have  hereunto  set  mv  hand  at  Cot 
[L.  8.]      tonwood  Falls,  dhase  county,  Kansas,  tlis  March  £, 
A,  D.  1873.  ' 

WILLIAM  R.  BROWN,  Judge  Ninth  Jud.  Diet.,  Kas., 
in  which  Marion  county  is  situate. 
TuE  Statr  op  Kansas,  ) 
Chose  County,         \  *"■  •* 

I,  S.  A  Breese,  Clerk  of  the  District  Court  for  Chase  county, 
Kansas,  do  n.r.by  certify  that  William  R.  Brown,  whose  name  £ 
signed  to  the  abo/e  certificate,  is  Judge  of  the  Ninth  Judicial  Dis- 
trict of  Kansas,  and  ^bat  he  signed  the  above  in  my  presence 

Witness  my  hand  and  official  seal  this  6th  day  of  March 

[l.  s.]       1873.  ^  ' 

SIDNEY  A.  BREESE, 
Clerk  District  Court  Chase  County. 

MOUND  CITY -Linn  County. 
John  F.Bromlhead  (Member  of  Legislature,  formerly  Judce 
of  the  District  Court,  County  Attorney  and  State  Senator). 

OSAGE  MISSION-Neosho  County. 
John  Moffitt  (formerly  Police  Judge). 

Humboldt,  Kansas,  (9c«,  24,  1872 
10  whom  it  may  concern  : 

I  have  been  personally  acquainted  with  John  Moffitt,  of  Osage 
Mission  Kansas,  for  four  years,  and  think  him  well  qualified  to 
undertake  any  legal  business  intrusted  to  him.  Mr  Moffitt  is 
prompt  and  faithful  in  the  interest  of  his  clients,  and  I  can  cheer- 
tully  recommend  him  to  all  persons  desiring  his  services. 

JOHN  R.  SODDIN,  Judge  Seventh  Judicial  List., 
in  the  State  of  Kansas. 


Wl 


us 


KANSAS. 


OSWEGO  —  Labette  County. 

Neliion  Cane, 

OswBGo,  Kansas,  Januarcj  3<?,  1873. 
To  tiihom  it  may  concern : 

I,  Henry  (i.  Wohbs,  of  the  State  of  Kansas,  take  pleasure  in  say- 
ing that  NelHon  Case,  of  Oswego,  Kansas,  is  an  attorney  at  law, 
auil  as  a  nian  proriijit  atid  efficient  in  the  discharge  of  professional 
duty,  aiid  that  he  is  a  man  of  strict  sobriety,  of  good  moral  charac- 
ter, and  ill  every  way  deserving  of  full  faith  and  confidence. 

HENRY  G.  WEBBS,  District  Judge. 


VX 


U    \ 


PARSOXS  —  Labette  County. 
ThOH,  C,  Cary  (formerly  Prosecuting  Attorney). 

Oswego,  Kansas,  March  26,  IS'TS. 
7b  whom  it  may  concern : 

This  is  to  certify  that  I  am  personally  acquainted  with  T.  C. 
Cary,  Esq.,  oi  Parsons,  Labette  county,  Kansas,  and  that  I  know 
him  to  be  a  good  lawyer,  an  honorable  gentleman,  and  in  every 
way  worthy  of  trust  and  confidence. 

llespectfully, 
8,  L.  COVLTEU,  I'robate  Judge  of  Labette  Co. 
Oswego,  Kansas,  March  24,  1873. 
To  whom  it  may  concern : 

This  is  to  certify  that  I  am  personally  acquainted  with  T.  C. 

Cary,  Esq.,  of  I'arsons  City,  Labette  county,  Kansas,  and  that  his 

standing  as  a  hiwyer  and  gentleman  is  good,  and  that  he  is  reliable 

and  trustworthy. 

Respectfully, 

B.  W.  PERKINS, 

Judge  of  Eleventh  Jud.  Dist.  of  Kansas 


PBABODY  —  Marion  County. 

F,  H.  Kollook. 

State  qv  Kanhah,  I  ..  . 
Marion  (jaunty^    \    " 

I,  Isaac  W,  House,  Judge  of  the  Probate  Court  in  and  for  said 
county,  do  lieniby  certify  that  I  am  well  acquainted  with  F.  II. 
KoUock,  of  Pcabody,  in  said  county,  and  from  my  knowledge  of 


J^AjySAS. 


149 


his  ability  as  an  attorney,  do  cheerfully  recommend  him  as  an  attor 

I.  W.  BOUSE, 

I^obate  Judge  Marion  County,  Kansas. 

ST.  MARY'S -Potawatoxnie  County. 
S.  P.  Angle, 

References  :  Hon.  John  Houston,  Judge  of  Third  Judicial  Dis 
net,  Topeka,  Ka,.as  ;  Hon.  A.  L.  WilliLs,  Attoly!^  „e Lfo" 
Kansas,  Topeka,  Kansas;  W.  D.  Terry,  Esq.,  President'^of  Shower 
County  Bank,  Topeka,  Kansas;  Hon.  James  M.  Merrill,  PresiS 

i:2n^:fs;.^:;;i.^-^------ 

SALINA  -  Saline  County. 
John  Foster  (ex-Police  Judge). 

SENECA  -  Nemaha  County 
J.P.Taylor. 

T        .„  ®^^ECA,  Kansas.  iL/aj-M  "7  is'?'? 

WM.  HISTED,  Probate  Judge. 

TOPEKA  -  Shawnee  County. 
Joseph  B.  Baldwin  (formerly  State  Senator  of  Missouri)     ' 
To  whom  it  may  concern  : 

I,  Clerk  of  the  District  Court,  in  and  for  Shawnee  county,  Kansas 
do  hereby  certify  that  I  am  personally  acquainted  with  J  se^h  E 
Baldwin    Esq.,  of  Topeka,  Kansas;  that  he  is  an  attorney  of  ou^      • 

Witness  my  hand  and  official  seal  this  3d  day  March,  A.  D  ]  8^3 

^    7  '-J  HIRAM  McARTHUR,  Clerk.    ' 

10  lehotn  it  may  concern: 

I  know  J.  E.  Baldwin,  Esq.,  as  an  attorney  in  ray  court   and 
have  found  han  well  qualified  to    undertake'any  legarb'sine"' 


:.i  - 


150 


KAmAS. 


intrusted  to  him.    Mr.  Baldwin  is  prompt  and  faithful  in  tho  inter- 
ests of  his  clients,  and  this  testimonial  is  very  cheerfully  accorded. 

JOHN  F.  MORTON, 
Judge  of  District  Cmrt,  Shawnee  Comity,  Iui7iaas. 
March  3,  1873. 

WICHITA  -  Sedgwick  County. 
Albert  Mmerson. 


EEWTUCKY 


161 


KENTUCKY. 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.    See  Deeds. 
Aliens.     Sec  title,  "  RighU  of  AlienaP 

Arrest  AND  Imprisonment  for  DEBT.-Arrest  is  allowed  i.i 
tJie  lollowing  cases : 

1st.  Where  the  debtor  is  about  to  depart  from  the  State,  and, 
with  intent  to  defraud  his  creditors,  has  concealed  or  removed 
ivom  the  State  his  property,  or  so  much  thereof  that  the  process 
ot  the  court  cannot  be  executed  after  judgment,  or 

2d.  Where  the  debtor  has  money,  or  securities  for  money  or 
evidences  of  debt  in  the  possession  of  himself,  or  of  others  for  his 
use,  and  is  about  to  depart  from  the  State  without  leaving  pro- 
perty therein  sufficient  to  satisfy  the  plaintiff's  claim 

The  claimant  must  file  a  bond  for  double  the  amount  of  the 
claim,  and  an  affidavit  stating  the  nature  of  the  debt,  the  amount 
ot  the  claim,  and  that  it  is  just,  and  specifying  one  of  the  above 
causes  The  debtor  must  give  bail  or  be  imprisoned  until  ho 
pays  the  claim  or  take  the  insolvent  debtor's  oath. 

Attachments  and  garnishments  of  debts  due  to  the  debtor  are 
granted  on  a  like  bond,  with  an  affidavit  specifying  one  of'  the 
following  causes : 

1st.  That  the  defendant  or  one  of  the  several  defendants  is  a 

non-resident  or  foreign  corporation ;  or, 
2d.  Has  been  absent  therefrom  four  months  ;  or, 
3d.  Has  departed  from  the  State  with  intent  to  defraud  his 

creditors;  or, 

4th.  Has  left  the  county  of  his  residence  with  the  intent  to 
avoid  the  service  of  summons ;  or, 


i 


1 

1 

^ 

■  i 
't  fj 

H 

■■p 

'i 

:  i 
1 

152 


KENTUCKY. 


5th.  So  conceals  himself  that  a  Bummoiis  cannot  bo  ecrvud 
upon  him ;  or, 

6th.  Is  about  to  remove  or  has  removed  liis  property  or  a 
material  part  thereof  out  of  the  State,  not  leaving  enough  therein 
to  satisfy  the  plaintiff's  claims,  or  claims  of  the  said  defendant'M 
creditors ;  or, 

7th.  Has  sold,  conveyed  or  otherwise  disposed  of  Iiis  property, 
or  suffered  or  permittetl  it  to  bo  sold,  with  the  fraudulent  intent 
to  chei't,  hinder  or  delay  his  creditors ;  or, 

8th.  Is  about  to  dispose  of  his  property  with  such  iiitent. 

An  attachment  will  not  issue  against  a  non-resident  or  foreign 
corporation  on  the  first  clause  above  mentioned,  except  on  actio'Jis 
founded  on  contract. 

Bills  ok  E.vcuanoe  and  Pkomissoby  Notks,— Bills  of  exchangf 
and  notes  discounted  at  a  bank  are  governed  by  the  common 
law.  In  other  cases,  protest  is  not  necessary,  and  the  indorser  is 
discharged  unless  action  be  commenced  at  the  first  available  term 
of  court  against  the  maker,  and  prosecuted  to  insolvency. 

Bills  of  Sale  must  bo  recorded,  or  the  property  delivered  to 
the  vendee,  to  be  valid  against  third  ])artie8. 

Chattel  Mortoaqes  must  be  acknowledged  and  recorded,  the 
same  as  bills  of  sale  and  trust  deeds, 

Dekds  of  Tkust  are  valid  as  to  third  parties  from  the  time  of 
filing  for  record.  If  executed  with  power  of  sale  as  security 
for  an  indebtedness,  they  must  be  enforced  by  a  decree  of  the 
court  in  chancery,  or  by  the  grantor  joining  in  the  conveyance 
to  the  purchaser. 

Deeds  and  Moutgaoes  may  be  acknowledged  out  of  the  State 
and  within  the  United  States,  before  one  of  the  following 
officers:  The  judge  or  clerk  of  a  court  of  record,  mayor  of  a  cit)^ 
secretary  of  the  State  or  a  commissioner  appointed  to  take 
acknowledgments  for  the  State  of  Kentucky.  If  executed  out 
of  the  United  States,  they  may  be  certified  to  before  a  minister, 
charge  d'aflJaires  or  consul  of  the  United  States. 

A  married  woman  must  bo  examined  separate  and  apart  from 
her  husband,  previous  to  the  acknowledgment,  by  the  officer  tak- 


ing the  same 


cannot  bo  eorvud 


nd  recorded,  the 


KENTUCKY.  153 

As  to  tlie  form  of  acknowledgment  of  Imsbfind  and  wife,  when 
taken  out  of  tlie  State.     See  Appenilix,  "  Forma.^'' 

livcord  r/.— Deeds  executed  by  non-residents,  must  bo  recorded 
witJim  eighteen  months  and  by  residents  within  eight  months 
from  tlie  time  of  execution. 

Estates  of  Dkceaseo  Peksons  must  bo  settled  within  two 
years  from  the  granting  of  letters  testamentary.  Claims  may  be 
tiled  at  any  time  after  six  months  from  the  granting  of  letters. 

All  debts  are  of  equal  dignity,  except  burial  expenses,  cost  of 
adumiistration,  and  lonajide  liens. 
Executions.     See  Exemptions  and  Judgments. 

ExEMi'TioN8.-One  work  beast,  or  yoke  of  oxen,  two  cows  and 
calves,  fave  sheep,  wearing  apparel  and  the  usual  household  and 
kitchen  furniture.  There  is  a  further  exemption  on  all  debts  or 
liabilities  created  since  the  first  day  of  June,  1866,  of  so  much 
land,  including  the  dwelling-house  and  appurtenances,  as  shall 
not  exceed  in  value  $1,000;  one  sewing  machine,  one  two-horse 
wagon  or  ox  cart,  one  set  of  gear,  washing  apparatus,  not  exceed 
iiig  litty  dollars  in  value,  carpeting  for  one  room,  school  books  ' 
a  prayer  book  and  hymn  book,  one  bureau,  one  wardrobe  one 
washstand,  one  clock,  six  plates,  six  knives  and  forks,  six' cups 
and  saucers ;  and  on  liabilities  created  after  May  1, 1870  the  pro- 
fessional libraries  of  preachers,  lawyers,  physicians  and 'surgeons 
and  their  instruments,  to  the  value  of  $500. 

Garnishee  or  Trustee  Process.    See  Attachments. 

Imi'risonment  for  Debt.    See  Arrest. 

Interest  and  Usury  Laws  : 

Legal  Rate,  6  per  cent.     • 

AUowahle  ly  contract  in  writing,  10  per  cent. 

Vsxmj  forfeits  all  the  interest  when  more  than  ten  per  cent  is 
charged,  but  does  not  affect  the  principal. 

Judgments  are  not  liens  upon  the  real  estate  of  the  defendant, 
but  an  execution  operates  as  a  lien  from  the  date  of  delivery  to 
the  sheriH.  ^ 

Limitation  of  Actions  : 

One  Year.— KoXxon^  upon  a  merchant's  account  for  goods  sold 
and  delivered  or  any  article  charged  therein,  and  actions  for  per- 
sonal damages,  libel  and  slander,  or  breach  of  promise 


I*  «■ 


164 


KENTUCKY. 


Five  I'eaA?.— Actions  on  contracts  not  in  writing,  for  trespass 
on  real  or  persoMal  property,  on  bilJs  of  exchange,  drafts,  or  upon 
a  promissory  note  placed  on  the  footing  of  a  l)ill  of  exchaii^'o, 
upon  accounts  between  njorcliaiits  or  their  agents,  or  for  relief 
upon  the  ground  of  fraud. 

Fifteen  l^m/w.— Actions  upon  contracts  in  writing,  official 
bonds,  promissory  notes  not  discounted  at  a  bank,  or  upon  jud^,'- 
ments  or  decrees  of  any  court. 

Thirty  F<?«/'«.— Bars  all  claims  to  real  estate. 

Married  Women. — A  married  woman  can  make  valid  con- 
tracts in  the  following  exceptional  cases  only : 

Ist.  When  the  husband  abandons  her,  or  leaves  the  State  with- 
out making  any  provisions  for  her  separate  maintenance,  or  is 
confined  in  the  peitentiary  for  the  unexpired  term  of  more  than 
one  year. 

2d.  When,  on  the  joint  application  of  husband  and  wife,  the 
court  in  chancery  permits  her  to  transact  business  in  her  own 
name  as  &feme  sole,  her  contracts  binding  her  separate  estate. 

A  married  woman  may  receive  and  hold,  separate  and  apart 
from  her  husband,  any  property  that  may  be  settled  upon  her, 
and  if  the  settlement  be  by  way  of  deed  or  devise,  she  can  hold 
it  either  with  or  without  the  intervention  of  a  trustee.  She  can 
only  dispose  of  her  separate  estate  in  the  manner  named  in  the 
instrument  conveying  it  to  her,  but  it  is  liable  for  h  .i-  own  debts 
contracted  before  marriage,  or  as  &  fane  sole  trader,  in  the 
cases  above  specified,  and  is  also  liable  for  necessaries  supplied  to 
her  or  any  member  of  her  family  (including  her  husband),  pro- 
vided the  credit  was  given  on  an  instrument  signed  by  both  hus- 
band and  wife. 

Promissory  Notes.    See  Bills  of  Exchange. 

Wills.— All  persons  in  sound  mind,  except  infants  and  mar- 
ried women,  may  devise  and  bequeath  their  property  by  will. 

A  married  woman  may  dispose  of  any  estate  by  will  that  may 
have  been  settled  upon  her  during  coverture,  provided  the  instru- 
ment of  settlement  empowers  her  to  dispose  of  the  same  in  such 
a  manner. 

Wills  must  be  in  writing  and  signed  by  the  testator,  or  some 
other  person  in  his  presence,  and  by  his  express  request. 


KENTUCKY.  155 

Whore  the  will  and  the  Bignaturo  is  not  wholly  in  the  hand- 
writing of  the  testator,  two  witnesses  are  necessary,  who  shall 
subscribe  their  names  in  the  presence  of  the  testator. 

Foreign  wills,  cxecnted  according  to  the  laws  of  the  State  where 
executed,  are  valid  for  the  purpose  of  bequeathing  personal  pro- 
perty in  this  State ;  but  they  will  not  operate  as  a  valid  devise  of 
real  estate  without  they  are  executed  according  to  the  laws  of 
this  State. 


nake  valid  con- 


156 


KENTUCKY. 


KENTUCKY. 


AUGUSTA  —  Bracken  County. 

John  H.  Oft: 

State  of  Kentucky,  ) 

Aur.ufiTA,  Bracken  Co.,  A2}ril  11),  1873.  f 

I  take  great  i)lea8uro  in  HJiyhig  that  John  S.  Orr  ih  an  attorney 
of  integrity,  sobrioty  and  industry,  and  worthy  of  the  truHt  ami 
conlidence  of  the  profession  everywhere. 

JOS.  DONIPHAN,  Chancellor  of  the  Twelfth 

District  of  Kentucky. 

BEDFORD  — Trimble  County. 
Jacob  Yeayer  (ex-County  Attorney). 

BURLINGTON  — Boone  County. 
G.  G.  Hughes. 

State  op  Kentucky,  Boone  County  Court,  ) 
Special  Term,  December  28,  1867.  j 

It  appearing  to  the  satisfaction  of  the  court,  by  complete  ami 
satisfactory  testimony  adduced,  to  wit,  by  M.  Hamilton,  that 
George  G.  Hughes,  Esq.,  is  a  gentleman  of  honesty,  probity  and 
good  demeanor,  it  is  ordered  that  same  be  certified  accordingly. 

I,  A.  B.  Parker,  Clerk  of  the  County  Court  in  and  for  the  county 
and  State  aforesaid,  do  certify  that  the  foregoing  is  a  true  copy  of 
an  order  entered  on  the  minutes  of  the  Boone  County  Court,  at  its 
Special  Term,  Dec.  28,  1867. 

Given  under  my  hand  and  seal  of  office,  this  22d  day  of 
[l.  s.]      February,  1873. 

A.  B.  PARKER,  Clerk. 


KENTUCKY. 


167 


.[ 


ity. 


JOKY, 

ipril  19,  1873 
[^rr  iH  an  attorney 
^  of  the  trust  ami 

llor  of  the  Twelfth 
let  of  Kentucky. 


ty. 


nty. 

lUNTY  Court,  ) 
I,  1867.  f 

by  complete  and 
[.  Hamilton,  that 
lesty,  probity  and 
;d  accordingly. 

incl  for  the  county 

is  a  true  copy  of 

unty  Court,  at  its 

this  22d  day  of 
iRKER,  Clerk. 


CALHOUN  — McLean  County. 
Geo,  A,  Prentice  (County  Attornoy). 

Calhoun,  Ky.,  January  10,  1873. 
Geo.  A.  Prentice,  of  this  i)lace,  is  a  practicing  attorney  in  ray 
district,  being  die  Third  Judicial  District  in  Kentucky ;  is  a  good 
lawyer,  atid  in  every  respect  reliable  and  trustworthy. 

I  am,  very  truly  yours,  i 

BEN.  P.  CISSILL,  Judge  Third  Judidal  Dist.,  Ky. 

CAMPBELLSVILLE- Taylor  County. 

Wm.  Howell   (cx-State  Senator,   Representative  and   County 
Attorney).  ' 

CAMPBEtLsviLLB,  Ky.,  April  29,  187.1. 
I,  F.  A.  Netherland,  Judge  uf  the  Taylor  County  Court,  take 
pleasure  in  saying  that  Wra.  Howell  is  a  man  of  honesty  an<l 
probity,  and  stands  among  the  first  lawyers  of  this  State  as  a  good 
lawyer,  safe  and  reliable,  and  prompt  in  his  attention  to  any  and 
all  busniess  intrusted  to  his  care. 
Given  under  my  hand  as  judge  aforesaid. 

F.  A.  NETHERLAND,  Judge  Taylor  County  Court. 

CANTON -Trigg  County. 
W.  L.  Fnqua. 

CARRSVILLE  —  Livingston  County. 
Imac  H.  Trabue. 

COVINGTON -Kenton  County. 
J.  F.  ii'  a  IL  Fish'. 

Joiix  F.  FisK  (cx-Lieutenant-Governor  and  State  Senator  of 

Kentucky). 
Chakles  H.  Fisk. 

First  National  Bank,         ) 
7J,,;,    ,        .  Covington,  Ky.,  Bee.  11,  1872.  f 

JO  ail  whom  it  may  concern  : 

A  p'''V' *«,^^'-t5fy  t'jat  I  am  well  acquainted  with  Messrs.  John  F 

Kpnini:  n.?^  '^'  ''^^'  ""^  Covington,  county  of  Kenton,  State  of 
iventucky.  They  are  the  attorneys  for  this  bank,  and  have  been 
since  Its  organization.     They  are  gentlemen  of  the  first  standing  in 


158 


KENTUCKY. 


11 

A 


their  profession  in  Kentucky.  They  are  every  way  reliable  and 
responsible.  They  are  sober,  discreet,  attentive  and  vigilant  in 
their  business,  and  especially  prompt  in  remitting  and  paying  to 
clients  all  collections  made  by  them.  Any  business  intrusted  to 
them  will  be  ably  and  actively  prosecuted. 

Respectfully, 

J.  D.  FRY, 
Cashier  First  National  Bank  of  Covington,  Ey. 

DANVILLE  — Boyle  County. 
Thomas  J,  Polk  (P.  O.,  Ilarrodsburg,  Ky.). 
Recommended  by 

GEORGE  W.  KAVANAUGH, 

Judge  Seventh  Judicial  District  of  Kentucky. 


DAYTON 
John  K.  Edwards. 


Campbell  County. 


ELKTON— Todd  County. 
J.  H.  Lowery  (ex-Memb'^r  of  Legislature  and  County  Attorney). 

RussBLLviLLE,  April  15,  1873. 
To  tlie  3ferchants^  Protective  Laio  Association: 

Gentlemen.— I  take  pleasure  not  only  in  bearing  testimony  to 
the  high  professional  standing  of  J.  H.  Lowery,  Esq.,  but  also  as  to 
his  honor  and  integrity  as  a  gentleman,  and  his  talents  and  ability 
as  a  speaker,  which  have  won  for  him  a  proud  and  enviable  reputa- 
tion among  his  fellow-citizens  of  Kentucky. 

RespsctfuUy, 

R.  C.  BOWLING, 
Judge  Fourth  Judicial  District  of  Kentucky. 


C,  II,  Lee. 


FALMOUTH- Pendleton  County. 


|4'>I 


KENTUCKY. 


159 


FRANKFORT  — Franklin  County. 
T.  N.Jin.  W.  Lindsay. 

Fbankfoet,  April  20,  1873. 
T.  N.  &  D.  W.  Lindsay,  attorneys  at  law,  of  this  place,  are  both 
men  of  high  integrity,  faithful  and  prompt  in  all  their  business 
relations,  ai.  I  able  lawyers. 

M.  R.  IIARLIN, 
B.  J.  PETERS, 
W.  LINDSAY, 
N.  S.  PRYOR, 
Judges  Court  of  A2)peals  of  Kentuchy. 

FRANKLIN  — Simpson  County. 
W.  li.  Clavke  (ex-Member  of  Legislature,  now  Police  Jud^re'. 

I  clieerfully  recommend  Judge  W.  H.  Clarke  as  a  reliable  collect- 
ing attorney. 

J.  L.  STANFORD,  Judge  County  Court. 

GREBNSBURGH  —  Greene  County. 

Jas.  W.  Jones, 

State  of  Kentucky,  ) 
County  of  Greene,    j  ^^' ' 

I,  Thomas  R.  Barnett,  Judge  of  the  County  Court  for  the  county 
and  State  aforesaid,  certify  that  James  W.  Jones  is  a  practicing 
attorney  of  the  said  county,  and  that  he  is  worthy  and  reliable. 

Given  under  my  hand  this  the  17th  day  of  Apiil,  1873. 

T.  R.  BARNETT,  Judye  Greene  County  Court. 

HARRODSBURG  — Mercer  County. 
Kyle  cC  Postou, 

John  J.  Kyle  (ex- Judge  City  Court). 
o,  s.  poston. 

First  National  Bank,  ) 

Hakrodsbubg,  Ky.,  April  15,  1873.  j 
I  have  known  Messrs.  Kyle  &  Poston  for  many  years,  and  take 
pleasure  in   repre  anting  them  as  prompt,  reliable  and  efficient 
attorneys. 

D.  J.  CURRY,  Cashier. 
1  concur  m  the  above. 

WM.  H.  RIKER, 

Vice-President  First  National  Hank,  Harrodsburg. 


160 


KENTUCKY. 


It 


M 


nu     1        ..  IIarrodsuubg,  Ky,,  Anril  16.  18?3 

To  lohom  It  may  concern:  ^       "'  '         * 

This  is  to  certify  that  I  am  personally  and  professionally  intimate 
with  John  G  Kyle  and  O.  S.  Poston,  partners  in  the  practice  of 
law  at  Ilarrodsburg,  Ky.;  that  I  have  known  them  for  years;  that 
as  to  skill  in  practice,  diligence  in  business,  vigilance  as  to  their 
Cents  interests,  and  punctuality  in  paying  over  collections,  they 
stand  at  the  very  head  of  our  bar,  and  would  so  stand  at  any  bar 
where  they  might  practice.  ^ 

W.  E.  KELLER,  Presiding  Judge  of  the 
Mercer  County  Court. 

IRVINE  — Estell  County. 
Wni.  Ilerndon. 

First  National  Bank,  ) 

RicinioND,  Ky.,  February  20,  1873.  j 
Wm.  Uerndon,  Esq.,  Irvine,  Estell  County,  Ky.  ; 

Dear  SiR.-IIaving  been  informed  that  you  are  selected  as 
attorney  to  represent  The  Merchants'  Protective  Law  Association 
of  Albany,  New  York,  at  your  place  of  business,  and  also  that  thev 
require  some  testimonial  as  to  your  character,  it  gives  me  great 
pleasure  to  recommend  you  to  the  favorable  consideration  of  that 
association,  also  to  bear  testimony  to  your  standing  as  a  lawyer 
and  your  integrity  as  a  man.  ^ 

Hoinng  that  your  connection  with  the  association  will  be  both 
profitable  and  agreeable  to  the  association  and  to  yourself, 
I  am,  very  respectfully, 

W.  M.  IRVINE,  Cashier. 

LA  GRANGE  — Oldham  County. 
Jno.  W.  Clayton  (County  Attorney). 

Mr.  Clayton  has  held  the  office  of  County  Attorney  for  Oldham 
county  for  fifteen  successive  years. 

Louisville,  June  10,  1873. 

Whilst  Judge  of  the  Ninth  Judicial  District  of  Kentucky  I 
became  well  acquainted  with  J.  W.  Clayton,  Esq.,  of  LaGrange, 
Oldham  county,  that  county  being  m  my  circuit,  and  I  take 
pleasure  in  testifying  to  his  high  character  as  a  gentleman,  and  his 
integrity  as  a  lawyer. 

H.  W.  BRUCE,  ChanceUor  of  Lou.  Chancery  Court. 


KENTUCKY. 

LANCASTER  -  Garrard  County 
W.  B.  Hopper  (formerly  Clerk  Circuit  Court). 


161 


The  National  Bank  of  Lancasteu,  | 


■^^^<^"^STEK,  Ky.,  Feb.  28,  1873. 
b.  Y.  liNEELAND,  Esc].,  Albany,  JST.  Y. : 

Dear  Sib.-I  take  pleasure  in  stating  that  W.  D.  Hopper  attor 
ney  at  law,  resident  of  this  place,  stands  well  in  his  prof^^  ion  s  1" 
good  collector,  and  prompt  in  paying  ove-  money  coflecledbyi 

V  ery  respectfully, 

WM.  H.  KINNAIRD,  Cmhier. 

LOUISVILLE -Jefferson  County. 

See  Appendix. 

MARTIN  SBURG- Elliott  County. 
J'  J.  Park. 

I  have  known  Mr.  J.  J.  Park  as  a  practicing  attorney  in  .H  the 
courts  of  this  and  adjoining  counties,  and  believe  Mm       . 
quahfied  to  discharge  the  duties  of  an  attorn  yl^  Z  ;  T^ 
ness  „,trusted  to  his  care.    He  is  prompt  and  failhfuf  n'tieTnte^ " 
0....  Clients.  Possessii^^t.  ^^^^^^  .   ,.  ,„,,  ^^l 

P.  M.  FANNIN,  Presulin^  Judffe  of 
Elliott  County. 

MAYFIELD- Graves  County. 
ii<r:};;rd  S.  Murrell. 

.     .        ,  Mayfield,  Ky.,  March  1,  1873 

1  take  pleasure  in  saying  that  9.  S.  Murrell  is  a  young  gentle- 
man ot  good  moral  character,  active  business  habits,  ^n-omptTne- 
gotic  and  reliable,  and  stands  deservedly  high  in  th'ii  communitv 

Very  respectfully, 

ANDREW  R.  BOON, 
Judge  Circuit  Court,  First  Jud.  Dist.,  Ky. 


11 


m 


KENTUCKY. 


'it . 


il:il 


MORGANTOWN  — Butler  County. 
Lytnaruhiv  J.  Htnith. 

Offick  of  T.  C.  Causon,  County  Judge,  ) 
MoKGANTOWN,  Ky.,  Feb.  27,  1873.         j 

H.  F,  KvKKf-A.vi),  Esq.,  Albany,  N.  Y. : 

DisAit  Silt, — I  tJiko  great  pleasure  in  recoramending  Lysander  J. 
Sinitli,  Kh(|,,  of  Morgantown,  Butler  county,  Ky.,  as  a  lawyer  of 
ability  atid  in  good  prot'casiona!  standing.  He  is  a  graduate  of  the 
UniverHity  of  Louisville,  Ky.  (class  1859  and  I860),  and  is  prorai« 
in  tlu!  diMchargo  of  his  professional  duties. 

Yours,  etc., 

T.  C.  CARSON,  P.  J.  B.  C.  C. 

MOUNT  STERLING  —  Montgomery  County. 
Tyler  «ii'  fiarrlHon. 

M.  S.  Tvi.Kit  (formerly  City  Attorney  for  Mount  Sterling). 
1)  H,  (Jauuihon. 

Mount  Sterling,  Ky.,  December  19,  1872. 
H.  F.  Knkki,an!»,  Esq.: 

This  cortilicH  that  I  am  well  acquainted  with  the  members  of  the 
law  firm  of  Tyler  &  C4arrison,  of  this  city,  and  know  them  to  be 
gentlemen,  good  lawyers,  attentive  to  business,  and  of  high  moral 

worth  and  ititcgrity. 

Respectfully, 
W.  II.  WINN,  County  Jadye  Montgomery  Co.,  Ky. 

OWENSBORO  — Daviess  County. 
Moore  il>  Fe/f/hari,. 

J.   Z,  MOOUK, 
J,  W.  FuKillAN, 

OWENTON  — Owen  County. 
Oroverf  Monff/omert/  tC  Iter  ill. 

Aha  p.  (fiiovKit  (ex-Memlwr  of  Congress  and  State  Senate). 
Hhnuv  1',  MoNT<ioMEUY  (formerly  County  Attorney). 
J.  C.  Hkvii.i,  (police  Judge). 
In  our  firm,  A.  V.  Grover  is  president  and  II.  P.  Montgoraerj 
a  director  of  the  National  Bank  of  Owen. 

Respectfidly, 

H.>.  MONTGOMERY. 


KENTUCKY.  igg 

PADUCAH-McCracken  County. 
John  Q.  A.  King  (ex-Lieutenant  and  Acting  Governor  of  Ken- 
tucky, State  Senator,  Representative,  Circuit  Judge  and  County 
Attorney).  •'' 

t 

PARIS  —  Bourbon  County. 
Benj.  G.  Paton  (formerly  Clerk  Circuit). 

Benj.   G.  Paton  is  a  prompt,  efficient  and  energetic  nttornev 
exammer  and  collector,  and  his  professional  standing  is  good. 

R.  HA  WES,  Judge  Bourbon  Cowdy  Court. 

POPLAR  PLAINS -Fleming  County. 
W.  O.  PhtlUp.H. 

Flemingsbuegii,  Ky.,  Bee.  16,  1872. 
To  whom  it  may  concern : 

This  certifies  that  W.  O.  Phillips,  of  Poplar  Plains,  Kentucky,  is 
a  practicmg  attorney  in  the  Circuit  and  County  Courts  ;  he  is  well 
qualified  to  undertake  any  legal  business  intrusted  to  him  is 
prompt  and  faithful  in  the  interest  of  his  clients.  ' 

J  AS.  E.  SMITH,  Judge  of  Fleming  Co.,  Ky. 

PRESTONBURQ- Floyd  County. 
Jan.  M.  Hereford,  Jr. 

Pkestonbur^,  Ky.,  Jan.  10,  1873. 
We  are  personally  acquainted  with  J.  H.  Hereford,    Jr.,  and 
regard  him  as  reliable  and  trustworthy,  and  honest  in  his  practice 
as  an  attorney,  and  in  his  business  intercourse  with  men  we  believe 
hnu  to  be  prompt,  honest  and  just. 

A.  L.  DAVIDSON,  Presiding  Judge  Floyd  Cmnty. 
R.  S.  FRIEND,  County  Atty.  Floyd  County. 
WILLIAM  II.  MAY,  Atty.  at  Law,  Floyd  County. 


SMITHLAND 
Wm.  D.  Greer. 


Livingston  County. 


WINCHESTER -Clark  County. 
TncK'er  &  Hathaivay. 

J.  S.  Tucker  (Member  of  Kentucky  Legislature). 
L.  Hathaway. 


lOl 


LOUISIANA. 


|i,  .; 


LOUISIANA. 


f^^i^ 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.     See  Deeds. 

Aliens.     See  title,  "  Rights  of  Aliens.''' 

Akrest  and  Imprisonment  foe  Debt  is  practically  abolished 
in  this  State,  as  it  only  secures  the  person  of  the  debtor  to  answer 
the  suit,  and  not  for  the  payment  of  the  debt. 

Attachments. — A  writ  of  attachment  will  issue  on  the  appli- 
cation of  the  creditor  who  charges,  under  oath,  that  the  debtor  is 
a  non-resident,  or  is  about  leaving,  permanently,  the  State,  or  has 
left  it  permanently,  or  that  he  conceals  himself  to  avoid  the 
service  of  citation  upon  him,  or  has  mortgaged,  assigned,  dis- 
posed, or  is  about  to  mortgage,  assign  or  dispose  of  his  property, 
or  a  part  thereof,  with  the  intent  to  defraud  his  creditors,  or  give 
an  untair  preference  to  some  of  them,  or  that  he  has  converted, 
or  is  about  to  convert,  his  property  into  money  or  evidences  of 
debt,  with  the  intent  to  place  it  beyond  the  reach  of  his  creditors, 

A  bond  of  indemnity  for  double  the  amount  of  the  claim  must 
be  tiled  with  the  application.  There  are  provisions  made  for 
"  Writs  of  Sequestration  "  and  "  Writs  of  Provisional  Seizure," 
which  do  not  generally  apply  to  the  class  of  actions  arising  in 
the  commercial  intercourse  with  other  States,  and  are,  therefore, 
not  inserted.  • 

Bills  of  Exchange  and  Promissory  Notes  are  held  by  the 
courts  to  be  governed  by  the  common  law,  although  there  is  no 
statutory  provision  on  the  subject.  Accommodation  indorsers 
are  held  liable  where,  on  the  negotiation  of  the  accommodation 
paper,  credit  has  actually  been  given  to  such  indorsements.  The 
whole  sum  must  be  expressed  in  writing,  except  that  the  cents 
may  be  in  figures. 


LOUISIANA. 


105 


are  held  by  the 


Bills  op  Sale  are  not  used  in  tliis  State. 

Chattel  Mortgages  and  deeds  of  trust  are  not  in  use. 

Deeds  and  Mortgages  may  be  acknowledged  before  any 
oflicer  authorized  to  take  the  acknowledgment  of  deeds  in  tiie 
State  where  executed,  but  a  certificate  of  a  clerk  of  a  court  of 
record  must  be  attached  showing  the  right  of  such  officer  to  take 
tl.o  acknowledgment  of  deeds,  and  as  to  the  genuineness  of  his 
sji^iiature. 

Whenever  a  married  woman  joins  with  her  husband  in  any  act 
allectmg  his  real  estate,  it  is  the  duty  of  the  officer,  before  whom 
the  act  IS  pa.-sed,  to  examine  her,  apart  from  the  presence  of  her 
husl)and,  toi  hing  the  freedom  of  her  action,  and  to  inform  her 
fully  of  the  iature  of  her  rights  respecting  the  property  of  her 
husband ;  and  it  must  appear,  upon  the  face  of  the  act,  that  tliis 
liiis  been  done. 

Form  of  AcJcnowledgments.     See  A ppendix.  Forms. 

Record  o/.— All  instruments  conveying  any  interest  in  lands 
must  be  in  writing,  properly  acknowledged  and  recorded  in  tlie 
I)ansh  where  the  property  is  situated. 

Estates  of  Deceased  Persons  in  the  parish  of  Orleans  are 
administered  in  the  second  district  court;  in  other  parishes  in 
tlie  parish  courts.  ' 

As  the  civil  law  governs  in  Louisiana  the  practice  in  the  set- 
tlement of  these  claims  is  peculiar,  and  to  non-residents  exceed- 
ingly abstruse  and  complicated.  Parties  having  such  chiinm 
would  do  well  to  send  them,  in  the  iirst  instance,  to  our  attorneys 
lu  tlie  parish  where  the  deceased  resided  in  his  lifetime  or  the 
property  is  situated. 

Executions.     See  Exemptions  and  Judgments. 

Exemptions:  Ilomestead.-^^ Oixq  hundred  and  sixty  acres  of 
land  and  the  buildings  and  improvements  thereon,  occuoied  as  a 
residence  and  honafide  owned  by  the  debtor  having  a  family,  or 
niotlier,  or  father,  or  person  or  persons  dependent  on  him  for 
support." 

Personal  Property.— Th^  sheriff  cannot  seize  the  linen  or 
clothing  belonging  to  the  debtor  or  his  wife,  nor  his  bed  nor 
those  ot  his  family,  nor  his  arms  and  military  accoutrements,  nor 
tlie  tools,  instruments  or  books  necessary  for  the  exercise  of  his 


166 


LOUISIANA. 


calling,  trade  or  profession.  Nor  shall  he,  in  any  case,  seize  tho 
right  of  personal  servitude,  of  use  and  habitation,  of  usufruct  of 
the  estate  of  a  minor  child,  nor  the  increase  of  dotal  property, 
Jior  the  salary  due  an  officer,  nor  wages,  nor  recompense  for  per- 
Bonal  services,  nor  house  or  kitchen  furniture  to  the  value  of 
$600. 

There  is  also  exempt  one  work  horse,  one  wagon  or  cart,  one 
yoke  of  oxen,  two  cows  and  calves,  twenty-five  head  of  lioga  or 
one  thousand  pounds  of  bacon,  or  equivalent  in  pork,  andjf  a 
fanner,  the  necessary  corn  or  fodder  for  the  current  year  ;'  pro- 
vided  that  the  property  above  stated  to  be  exempt  from  seizure 
does  not  exceed,  in  the  aggregate,  the  sum  of  $2,000. 

No  debtor  shall  be  entitled  to  this  exemption  whose  wife  shiilj 
own  in  her  own  right,  and  be  in  the  actual  enjoyment  of  property 
worth  more  than  §1,000. 

Interest  and  Usury: 

Legal  Hate,  5  per  cent. 

Allowable  by  written  agreement,  8  per  cent. 

Any  rate  of  interest  may  be  collected  if  it  is  embodied  in  the 
original  instrument  creating  the  loan,  or  if  reserved  by  way  of 
discount ;  but  after  the  maturity  of  an  indebtedness,  no  greater 
rate  than  eight  per  cent  is  valid  for  i\\Q  forbear ance  thereof,  and 
usury  in  this  case  forfeits  the  whole  interest. 

Judgments.— A  judgment  is  a  lien  on  the  lands  of  the  judg- 
ment debtor  in  the  parish  where  recorded  from  the  date  of  record. 

An  execution  operates  only  as  a  Hoi:  on  the  property  levied 
from  the  date  of  levy. 

Limitation  of  Actions  {Preacription) ; 

Three  Years. — Actions  on  oj^en  accounts. 

Five  Frnz-s.— Promissory  notes  and  bills  of  exchange. 

Ten  y"mr*.-  Actions  on  judgments  and  mortgages. 

Possession  in  good  faith  as  owner  for  ten  years  of  real  estate, 
under  a  title  translative  of  the  property,  allows  the  possessor  to 
prescribe  against  the  owner,  provided  the  owner  does  not  belong 
to  the  class  against  whom  prescriptions  do  not  run,  such  as  infants 
or  interdicted  persons. 

Twenty  Years  will  prescribe  against  the  owner  of  real  estate 
in  such  a  case,  even  though  the  possession  is  in  bad  faith. 


ill 


LOUISIANA. 


167 


»on  or  cart,  one 


Thirty  Yearn  prescribes  against  the  owners  in  such  a  case, 
whether  possession  was  founded  on  an  oi-iginal  title  or  not. 

Makuied  Woman.— Marriage  in  this  State  is  a  business  as  well 
ae  social  copartnership.  The  parties  retain  their  ante-nuptial 
proi)ert.y  ;  the  partnership,  consisting  of  all  acquisitions  received 
hy  cither  partner  during  coverture,  whether  from  the  resuk  of 
their  labor,  or  from  donation  to  either,  or  both.  The  delfts  or 
liabilities  of  either  accruing  after  marriage  is  considered  nsf.rm 
debts,  and  for  which  the  firm  property,  above  specified,  is  liable. 

The  wife,  by  the  consent  of  both  her  husband  and  the  district 
judge,  may  charge  her  separate  property,  by  loans  or  conti-acts, 
for  her  special  benefit. 

If  a  married  woman  is  permitted  to  carry  on  a  separate  trade 
she  is  considered  a  public  merchant,  and  as  such  may  obligate 
herself  for  anything  in  relation  thereto ;  but  she  cannot,  even 
then,  sue  without  the  special  authority  of  her  husband.  At  the 
dissolution  of  this  quasi  copartnership  the  firm  property  is 
divided  equally  between  them,  without  any  reference  to  the 
amount  of  the  capital  furnished  by  either. 

The  wife  has,  by  operation  of  law,  a  lien,  in  the  nature  of  a 
mortgage,  in  the  separate  real  estate  of  the  husband  for  the  full 
amount  of  all  moneys  received  from  her  by  him  during  cover- 
ture, but  this  mortgage  must  be  recorded  to  protect  the  wife 
from  innocent  third  jjarties. 

Peomissoey  Notes.     See  Bills  of  Exchange. 

Wills  should  be  executed  in  the  presence  of  two  or  more  sub- 
scribing witnesses. 


ill 


168 


LOUISIANA. 


LOUISIANA. 


M 


lij 

i 


ALEXANDRIA- Rapides  Pariah. 
Wm.  C.  McGinney. 

BASTROP  — Morehouse  Parish. 
D.  C.  Moryan. 

COLUMBIA  — Caldwell  Parish. 
Thomas  E.  Meredith, 

CoLUMiiiA,  La.,  Jan.  13,  1872. 
Thomas  E.  Meredith  is  an  attorney  at  law  at  this  place.  He  is 
well  qualifioj  to  undertake  any  legal  business  intrusted  to  him. 
He  is  prompt  and  faithful  in  the  interest  of  his  elients,  of  gu.  <\ 
moral  character  and  standing.  This  testimonial  is  very  cheerfully 
accorded. 

R  D.  BRIDGER,  Parish  Jtulye. 

I  hereby  certify  that  R.  D.  Bridger  is  the  Parish  Judge  of  Cald- 
well Parish. 

[i>.  s.]  J.  E.  BARRY, 

Clerk  Twelfth  District  Court,  Pariah  of  Caldwell. 
CoLUMRiA,  La.,  Jan.  13,  1873. 

HOMER  — Claiborne  Parish. 
Jas.  W.  Willson. 

HOMEK,  March  11,  IS 73. 
S.  F.  Kneeland,  Esq.,  Albany,  JV.   Y.  : 

This  is  to  certify  to  you  that  James  W.  Willson  has  practiced 
law  successfully  in  this  town,  district  and  State  for  the  last  four- 
teen years.     He  is  a  gentleman  of  honor,  ability  and  intej^a-ity. 
[l,  s.]     Given  under  my  hand  officially  at  Homer,  Marcli  11, 1873. 

N.  J.  SCOTT, 
Parish  Judge  of  the  Parish  of  Claiborne,  Za. 


i  i 


LOUISIANA. 
MONROE-  Ouachita  Parish. 


1(19 


rch  11,  1873. 


dat'i't'tt  tt-  Gdt'tett. 

Isaiah  GAiiiJE-ri'. 
Fkanklin  GAUJtK'n'. 

MuNitoK,  La.,  March  5,  1873. 
f  am  well  acquainted  with  iMoHsrs.  Garrett  &  Garrett,  of  this 
jilacc,  and  can  voueli  for  their  profeHHionul  standing  as  attorneys 
and  counselors  at  law  and  collection  agents.  The  Henior  partner  of 
iliefirTii,  Hon.  Isaiah  Garrett,  is  the  seni.  ,  [mietitioner  at  the  bar 
111  tl)is  district,  and  well  known  as  an  able  jumt  and  scholar 
iiinmghout  the  State. 

KOBT.   I  {.AY, 
Juil(/e  of  the  Fourteenth  JudicUU  Didrict  of  Loaislana, 

NEW  ORLEANS  — Orleans  Parish. 
Hawkins  a;  Sharp,  (No.  lO  Commercial  Placo.) 

Jacob  Hawkins  (Judge  of  the  Hnpehur  Court  of  Louisiana). 
Isaac  Siiakp. 

Testimonial  waived. — [Ed. 

SHREVEPORT  — Caddo  Parish. 
Chupmufi  &  Alexander. 

Saml,  M.  Chapman. 

T    Al.EXAXDEK. 

SiiiiEVEPOBT,  La.,  Jan.  6,  1873. 
This  is  to  certify  1  hat  Messrs.  Chapman  &  Alexander,  attorneys 
at  law,  are  reliable  and  trustworthy  L'-'Mitlemen,  of  good   profes- 
sional standing  at  this  bar. 

R0I3T.  J.  LOKNE.  ,'v,/,.    Tenth  Dist.  of  La. 

1  cordially  indorse  the  above. 

J.  M.  FORD,  Judge  of  Cmbh  Parinh. 

SPRINGFIELD -Livingston  Parish. 
George  Voimer. 

SPKiNGPiEi.i  ,  Livingston  Pakish,  La., 
Jamuiri/  13,  1873.  '  ) 

I  Iicrohv  certify  1 '  at  George  Colmer,  of  fhis  State  and  parish,  is 
a  rcgulaiij  aamitted  member  of  the  bar  of  this  Stati',  and  that  'he 


170 


LOUISIANA. 


pi-ttcticOM  in  my  court.  Furtlienuori',  I  curtify  that  I  have  known 
him,  oithor  pui-Ho  lully  cr  by  rei»iitalioii,  for  more  than  thirty 
yoarH,  and  can  tcHfify  to  the  fact  that  hiu  Htanding,  both  gentnil 
and  Hijucial,  hat)  always  buuu  good. 

SUVIPSON  KEMP, 
Pariah  Judye,  Livinyaton  Pdriah,  Ln. 

SpiUNOFiKLU,  Livingston  Pauisu,  La.,  Jan.  13,  1873. 
I  hureby  certify  officially  that  the  above  is  the  signature  of  J  lal^e 
Kemp,  of  said  Livingston  Parish,  La. 

ti..  s.]  \VM.  S.  ROSE, 

t'krk  of  the  Court  uj'urtinaid. 


MAIA'E. 


171 


MAINE. 


ENACTMENTS  AFFECTING  OOMMEliCE. 


AcKNowLEDOMENTs.     Sco  Deeds. 

Alikns.     See  titlo  "  RUjhts  of  Aliens." 

AuKEST  AND  Imi'kisonment  fok  Debt.— Ill  ull  claiiiis  for  over 
ten  dollars,  the  debtor  iruiy  be  arrested  ou  an  affidavit  that  he  is 
iiboiit  to  depart  from  the  State,  and  to  carry  with  him  jjroperty 
more  than  necessary  for  his  immediate  support. 

This  proceeding'  is  not  productive  of  very  great  hardship  on 
the  part  of  the  debtor,  for  upon  disclosing  his  property  for  the 
heiietit  of  the  creditor,  he  will  be  discharged  from  custody. 

Attachments. — Actions  are  commenced  by  attachments  as  a 
mesne  or  original  writ;  no  affidavit  or  security  for  costs  is  neces- 
sary. The  liens  created  by  writs  of  attachment  take  precedence 
according  to  the  date  of  seizure,  and  continue  for  thirty  days 
fitter  judgment.  See  titlo  "  New  England  Grab  Law,"  as  to  the 
elfect  of  this  peculiar  form  of  attachment. 

Bills  of  Exchange  and  rROMissoRv  Notes  are  governed  by 
the  common  law. 

Bills  of  Sale  are  good  against  third  parties  without  being 
recorded. 

Chattel  Moktgaoes.— No  mortgage  of  personal  property  to 
secure  the  payment  of  more  than  §30  shall  be  valid  against  any 
other  person  than  the  parties  thereto,  unless  possession  of  such 
property  is  delivered  to  and  retained  by  the  mortgagee,  or  the 
mortgage  is  recorded. 

Deeds  and  Mortgages  may  be  acknowledged  before  any 
magistrate,  justice  of  the  peace  or  notary  public  or  a  commis- 
sioner of  deeds  for  the  State  of  Maine.    Foreign  acknowledgments 


172 


MAINE. 


Ml 


f 


may  be  taken  before  a  notary  public  or  a  minister  or  consul  u[ 
the  United  States. 

A  clerk's  certificate  of  the  otHcer's  sij^nuiturc  is  advisable,  but 
not  essential.  No  separate  acknowledgment  is  required  to  reliti- 
(luish  the  dower  right  of  the  wife,  if  she  joins  in  the  deed. 

Fonii  of  Acknoioledfinmits.     Sec  Aj)])endix,  Forms. 

EsTATKs  OF  riccEASEi)  Peksons.— If  the  estate  is  solvent,  claiins 
may  bo  ])re8ented  to  the  executor  or  administrator,  but  if  insol- 
vent, they  must  bo  proved  before  the  Probate  Court,  and  the 
creditor  will  receive  a  pro  rata  payment  or  dividend.  Claims 
should  be  presented  within  a  year,  to  receive  the  benetit  df 
the  first  distribution  by  the  courts.  Suits  may  be  commenced 
against  the  execu.tjrs  after  the  expiration  of  one  year,  and  within 
four  years  from  cho  date  of  their  appointment. 

Executions.    See  Exemptions  and  Judgments. 

Exemptions  : 

IhiiDvMcad. — A  householder,  by  filing  a  claim  in  the  registry 
of  deeds,  mav  have  a  homestead  not  exceeding  tbe  value  of  ^oiK) 
set  oir  to  him,  which  will  be  free  from  all  claims  except  mechan- 
ics' liens  and  taxes. 


77 


'sonal    Property.  — T\\o  following  personal  property 


IS 


exempt  from  execution : 

Necessary  wearing  apparel,  household  furniture  to  the  value 
of  $50,  beds,  bedding,  family  portraits,  and  a  library  not  exceod- 
iisg  $150  in  value,  necessary  kitchen  furniture,  twelve  cords  of 
wood  or  five  tons  of  r'oal,  necessary  provisions  for  the  family, 
tools  of  trade,  a  sewing  inachine  worth  $100,  a  i)air  of  workini,' 
cattle,  or  in  lieu  thereof  a  pair  of  mules,  one  or  two  horses  not 
exceeding  $300  in  value,  a  cow  and  heifer,  ten  shec])  and  the 
lambs  and  wool  raised  from  them,  with  sufticient  hay  to  keep  the 
above  stock  through  the  winter  season,  a  liberal  amount  of  ao'ri- 
cultural  implements,  including  a  mowing  machine;  and  a  fishing 
boat  of  two  tons  burthen. 

Imprisonment  for  Debt.     See  Arrest. 
Interf^st  and  ITsuky  ; 
Legal  Hate,  C  per  cent. 

The  parties  may  legally  stipulate  in  writing  for  any  rate  of 
interest. 


MAINE. 


173 


or  consul  of 


(\m7'y  laws  are  abolished. 

Ji:i)0mi.:nt8  do  not  oi>erate  as  Hens  upon  real  estate.  The  lien 
cruatod  hy  the  originul  attachuieut  remains  for  thirty  days  after 
the  entry  of  judgment. 

Limitation  of  Actions  : 

One  Year.— Aatxom  against  sheriffs  for  an  escape,  and  scire 
facias  against  bail  in  civil  suits,  sureties  in  criminal  recognizan- 
ces, indorsers  of  writs  and  trustees  charged  by  the  court. 

Two  J  m/'6'.— Personal  actions  for  assault  and  battery,  false 
iniprisoninent,  slander  and  libel. 

Four  Years.— M\  actions  against  executors  and  administra- 
tors, and  against  sheriffs,  except  for  esca])es. 

Six  Years.— k.Q,Wo\\i  founded  on  any  contract  or  liability 
not  iiiider  seal,  except  second  judgments;  for  arrears  of 
rent  of  assumpsit  or  in  the  case  of  waste,  trespass,  replevin  and 
trover. 

T'  2ntu  Years.— K\\  actions  not  above  enumerated. 
There  are  the  usual  exceptions  in  relation  to  persons  under 
disal)ilities. 

Part  payment  or  a  written  acknowledgment  or  promise  to  pay 
ii  claim,  will  renew  the  running  of  the  ^statute. 

lArAKuiKi)  Women  retain  their  property  owned  by  them  at  the 
time  of  marriage  or  acciuircd  by  them  during  coverture,  as  their 
separate  property,  free  from  the  control  of  the  husband  in  any 
manner  whatsoever,  and  they  may  lawfully  contract,  sue  and  be 
sued  in  reference  to  the  same.  The  husband  is  not  liable  for  any  of 
the  debts  of  the  wife  created  by  her  on  the  credit  of  her  separate 
|iroperty. 

Pkomissoey  Notks.     See  Bills  of  Exchange. 

Wills  are  valid  to  pass  the  title  to  personal  property  in  this 
State,  if  executed  according  to  the  laws  of  the  place  where  the 
testator  resided ;  but  to  legally  devise  real  property,  three  wit- 
nesses should  attach  their  names  to  the  will,  in  the  presence  of 
testator  and  at  his  request. 


174 


MAINE. 


MAINE. 


AUGUSTA  —  Kennebec  County. 
Baker  &  Baker, 

Joseph  Baker  (formerly  State  Attorney,  State  Senator  and 
Kepresentative). 
S.  F.  KneeljVnp,  Esq. : 

My  Dear  Sir.— Messrs.  Baker  &  Baker,  of  this  city,  are  mem- 
bers of  the  Kennebec  county  bar,  of  high  standing  in  tlie  profes- 
sion. I  have  known  tlie  senior  party  for  many  years  as  a  leading 
member  of  the  bar.  The  junior  member  is  a  young  man  of  great 
promise. 

CIIAS.  DANFORTH, 
Justice  Sup.  Jud.  Court  of  Maine, 


1:1 


BANGOR  —  Penobscot  County. 

Thomas  TV.  Vose  (ex-  State  Senator  and  Representative). 
To  lohoni  it  may  concern : 

Hon.  Thomas  W.  Vose  is  a  member  of  the  liar  of  Penobscot 
county,  State  of  Maine,  and  is  well  qualified  to  undertake  any  legal 
business  intrusted  to  him.  Ho  is  promi)t  and  faithful  to  the  inter- 
ests of  his  clients,  and  this  tostimonial  is  ven  cheerfully  accorded. 

JOHN  APPLETON, 
Chief  Justice  of  Sup.  Jud.  Court  of  Maine. 

I  cordially  indorse  the  above  testimonial, 

EDW.  KENT, 
Associate  Justice  of  S.  J.  C.  of  Maine. 
Bangor,  April  5,  1873. 


MAINE. 


17f 


e  Senator  and 


FRYSBURG— Oxford  County. 
Heth  W.  Fife. 

The  Norway   National  Bank,  ) 
Norway,  Me.,  April  9, 1«73.      f 
To  tchom  it  may  concern : 

This  will  certify  that  we,  the  officers  of  the  Norway  National 
n.iiik,  are  acquainted  with  Seth  W.  Fife,  Esq.,  of  Fryeburg,  Me,, 
and  know  him  to  be  a  counselor  and  attorney  at  law  in  good  stand- 
ing, and  qualified  to  do  legal  business  that  maybe  intrusted  to  him. 

I.  A.  DENISON, 
FREELAND  HOWE, 
HENRY  M.  BEARCE, 
JMrectors. 

LEWISTON  and  AUBURN  —  Androscoggin  County. 
Pulsifei'  <C  Bolster. 

A.  M.  PuLsiFEB  (late  County  Attorney). 

W.  W.  BoLTSER  (now  Bank  Commissioner,  has  been  Connty 
Attorney  and  President  State  Senate). 

Office  First   National  Bank,  ) 

Auburn,  Me.,  yl/>n7  4,  187:{.      j 

7o  iv/ioni  it  may  concern: 

We  have  had  occasion  to  employ  Messrs.  Pulsifer  &  ]3olster  as 
attorneys  for  this  bank,  and  have  found  :liem  well  qualified  to 
niidertake  any  legal  business  intrns,ted  to  them.  We  have  found 
tlum  prompt,  faithful  and  efficient  in  the  interests  of  their  clients, 
:in(l  this  testimonial  is  very  cheerfully  accorded. 

J.  H.   HOAK,  Prest. 

PORTLAND  — Cumberland  County. 
Joint  Neal  tt  So^i. 

Jno.  Neal. 
Jno.  1'.  Neal. 

Bangor,  May  21,  l,s7a. 
I  have  known  the  firm  of  Neal  &  Son,  of  Portland,  for  many 
years  as  members  of  the  bar  of  the  State,  of  ability  and  integrity. 
The  SL-nior  mwnber  of  the  firm  long  ago  acquired  a  high  distinc- 
tion among  the  literary  men  of  the  nation.  I  am  happy  to  recom- 
mend the  firm  to  the  (Confidence  of  the  public. 

JOHN  APPLETON, 
Chief  Justice  Supreme  Court  of  Maine. 


'K*ltVrV.'a~t!'  *• 


17({ 


MA  FNE. 


%  \\ 


HICHMOND  — Sagadahock  County. 

»JoH.  \V,  Sjniuldiuff  ((ix-Statc  Soiiator  ami  licpresentativc). 

„,      ,        ,  Richmond,  Me.,  April  ;i,  i^-n. 

to  whom  n  inuy  concern: 

1  <!(iii  chcvriully  rocoinmend  the  Hon.  J.  W.  Spanlding,  „f  this 
phuH',  m  ail  attonicy  of  ability,  and  in  t'very  respect  worthy  of  the 
«!OMfid('iice  of  any  one  who  may  have  oceasion  to  make  use  of  tin- 
higal  profoHMion  in  this  vicinity. 

WM.  H.  STUART, 
Cashier  nft/ie  Richmond  Natl.  Bank. 

SACO  — York  County. 
J^OHeH  Einot'f/  &  Son. 

MoHijH  Emouv  (ex-Member  of  Legislature). 
(Jko.  a,  E.MOttv  (ex-Judge  City  Court). 
Rewtniinended  by 

RUFUS  P.  TAPLEY, 
Justice  of  Supreme  Judicial  Court  of  Maim. 


i( 


% 


MARYLAND. 


177 


MARYLAND 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.     See  Deeds. 

Aliens.     See  title,  ^'liighU  of  Aliens:^ 

AERE8T  AND  Impkisonment  FOR  Debt  is  abolished  in  this  State 

Attachments  will  issue  against  non-residents  and  abscondin.^ 
debtors  without  the  filing  of  bonds  of  indemnity.  An  abs  oS 
ing  debtor  is  one  who  absconds  or  secrete,  himself  to  avoSthe 
service  of  summons.  An  attachment  will  also  issue  on  the  filing 
of  bond  in  double  the  amount  of  the  claim,  together  with  an 
affidavit  stating  the  nature  and  amount  of  tlie  indebtedness  and 
specifying  one  of  the  following  ^-auses  •  "teaness,  and 

2d'  ThaTtt'n  f  ".^""f  \"  "''"'  ''  ''^^°°"^'  ^^^'"  the  State ;  or, 

or  .0  about  to  assign,  dispose  of  or  conceal  his  property  with  tl,< 
intent  to  defraud  his  creditors ;  or,  P^^P^rtJ,  witJi  the 

incLd^t 'Ilbl-'^l'"^'"*  fraudulently  contracted  the  debt  or 
mcuricd  the  obligation  respecting  which  the  action  is  brought; 

ith.  That  the  defendant  has  removed  or  is  about  to  remove 
b.  property  out  of  the  State,  with  intent  to  defraud  his  cred"oi-s 

the'::r:nir"^^^^^"  ^^^^^^^^  notes  are  governed  by 
The  promissory  note  of  a  married  woman  may  be  enforced 
gainst  h.^  by  a  proceeding  in  equity;  but  the  ilnt^lZrl 
her  so-aaM  estate  should  appear  therein.  ^ 

tn  ^'"''f  :,  •  ^""^  '"'''^  ^'^  ""^'^'^"^  ^'tJ""  twenty  days  in  order 

12 


178 


MARYLAND. 


\A\m 


I 


Chattel  Mortgages  arc  valid  under  tlie  requirements  of 
Bills  of  Sale. 

Deeds  and  Mortgages  may  be  acknowledged  out  of  the  State, 
and  within  the  United  States,  before  the  judge  of  any  court 
liaving  a  seal,  a  notary  public  or  a  commissioner  of  deeds  for 
Maryland.  If  executed  out  of  the  United  States,  before  any 
minister  or  consul  of  the  United  States,  notary  public  or  coiii- 
U'.issioner  of  deeds  for  this  State. 

Form  of  Acknotoledgment.     See  Appendix,  Forms. 

lieconl  of. — Deedc  and  mortgages  must  be  duly  acknowledged 
and  recorded  before  they  will  pass  any  title  to  real  estate. 

Estates  of  Deceased  Persons. — Claims  should  be  tiled  within 
one  year  from  the  granting  of  letters,  and  should  be  drawn  up 
with  great  care.  If  the  claim  is  founded  upon  a  written  instru- 
ment, an  attested  copy,  or  the  original  agreement,  must  be  filed, 
with  the  sworn  statement  of  the  claimant  that  he  is  the  ov/ner 
thereof,  specifying  the  amount  of  payments  and  the  balance  due 
thereon.  If  the  claimant  is  an  assignee  he  must  produce  the 
original  assignment  to  him  imder  the  hand  of  the  assignor. 
On  open  accounts  the  claimant  must  attach  to  the  full  state- 
ment of  the  bill  an  atHdavit  "  that  the  account,  as  stated,  is  just 
and  true,  and  that  he  hath  not  received  any  part  of  the  money 
stated  to  be  due,  or  any  security  or  satisfaction  for  the  same, 
except  what  is  credited." 

Executions.     See  Exemptions  and  Judgments. 

Exemptions. — Wearing  apparel,  books  and  mechanics'  tools, 
and  $100  worth  of  other  property  selected  by  the  debtor. 

Imprisonment  for  Debt  is  abolished. 

Interest  and  Usury  Laws  : 

Legal  Rate,  6  per  cent. 

Usury  only  invalidates  the  excess. 

Judgments  are  liens  upon  the  real  estate,  and  th(!  leasehold 
interest  of  the  defendant  at  the  time  of  their  rendition,  or 
acquired  within  twelve  years  thereattor,  in  tli-  county  wheiv 
rendered. 

Executions  are  liens,  from  the  date  of  issue  to  the  sheriff,  on 
all  the  personal  property  of  the  defendant  not  exempt  from  levy 
thereon. 


qnirements  of 


es,  before  any 
public  or  com- 


MARYLAND.  179 

LmiTATioN  OF  Aotions  : 

Three  Years.-KW  actions  except  on  judgments  and  instru- 
inents  under  seal. 

Twelve  Years.— Actiom  on  judgments  and  sealed  instnimentfl. 

A  verbal  promise  will  revive  the  debt. 

Makbied  Women  retain  the  property  held  by  them  at  the  time 
of  marriage,  or  acquired  by  them  thereafter,  and  may  legally 
contra<!t  in  reference  thereto.  An  obligation  to  bind  the  sepa- 
rate estate  of  a  married  woman  must  show  upon  its  face  intent 
to  charge  it;  though,  in  some  cases,  evidence  aUunde  will  be 
iidinitted  to  prove  such  intent. 

A  married  woman  may  carry  on  business  in  her  own  name  as 

iifeme  sole. 

Wills  must  be  in  writing  and  signed  by  the  testator,  and 
attested  by  at  least  three  witnesses,  subscribing  in  his  presence 
Males  at  twenty-one  and  females  at  eighteen  may  execute  wills 
ot  either  real  or  personal  property. 


is*- 

m 

1 1  'I 


180 


MARYLAND. 


MARYLAND. 


ANNAPOLIS —  Anne  Arundel  County. 
Jaa.  H.  Ilodgen. 


BALTIMORE— Baltimore  County. 
Sydney  C  Louy  (ex-Mcmbor  of  LugiHlature), 

Baltimoue,  March  8,  1873. 
Sydney  C.  Long,  Em].,  No.  5  St.  Paul  street,  Baltimore,  has  been 
intimately  known  to  tne  for  many  years,  and  I  take  great  pleasure 
in  recommending  him  as  a  prompt,  faithful  and  competent  attorney, 
and  a  gentleman  of  strict  integrity  and  honor. 

J  AS.  L.  BARTOL,  C/i.  J.  Court  of  Aiyi>eala  of  Md. 

CUMBERLAND  —  Alleghany  County. 
Lloyd  Lowndes f  Jr.  (Member  of  Congress). 

EASTON  — Talbot  County. 

Joseph  B.  Seth. 

Elkton,  December  19,  1872. 
Mk.  Joseph  B.  Setii  : 

Dear  Siu. — Your  letter  in  regard  to  your  standing  at  the  Kustoii 
bar  received.  It  gives  nie  pleasure  to  certify  to  your  integrity  W\\ 
ability.  Yours  truly, 

FREDETiW'K  STl^MP, 

Judffe  /Second  Judkml  Circuit,  Miyr^fhind. 


...i 


FREDERICK  —  Frederick  County. 
Geo.  E.  Price, 


MARYLAND. 


181 


H AQERSTO WN  -  Washington  County. 
T.  J.  C.  Williams. 

IIaoekstown,  Md.,  April  1,  1873. 
I  l.crcby  certify  that  T.  J.  C.  WilliamH,  Esq.,  is  a  member  of  tlio 
l.ar  of  WdHliington  county,   Md.,  in  good  professional  standing, 
and  that  he  bears  the  reputation  of  a  gentleman  of  the  highest 
lionesty,  integrity  and  morality. 

W.  MOTLER,  Associate  Judge  of  the  Circuit  Court 

for  Washington  County. 

ROCKVILLE  —  Montgomery  County. 
Wm.  Brewer. 

RocKViLLE,  Montgomery  County,  Md.,  ) 
February  21,  )?'73.  \ 

To  the  Merchants'  Protective  Laio  Association  : 

William  Brewer,  Esq.,  is  a  member  of  the  bar  of  the  Circuit 
Court  for  Montgomery  county,  Maryland,  in  good  standing.  We 
take  pleasure  in  stating  that  he  is  well  qualified  to  attend  to  any 
legal  business  intrusted  to  his  care.  He  is  a  gentleman  of  honor 
and  integrity,  prompt  and  faithful  in  the  discharge  of  the  business 
of  his  clients. 

JOHN  A.  LYNCH, 
W.  VEHIS  BONIC, 

Judges  of  the  Circuit  Court. 


■f  r 


11 


182 


MASS  A  CIJ  USETTS. 


MASSACHUSETTS. 


ENACTMENTS  AFFECTING  COMMERCE. 


P\ 


11 


«  8 

i'i 
ij 

\ 
1 

1 

i 

1 

Acknowledgments.     See  Deeds. 

Aliens.     See  title,  ^^  liiyhts  of  Aliens.''^ 

Arrest  and  Imprisonment  for  Debt. — An  order  of  arrest  will 
l)e  granted  on  a  mesne  process  in  au  action  of  contract  if  tho 
plaintiff  proves  to  the  court  by  sutticient  affidavits, 

1st.  That  he  has  a  good  cause  of  action  for  an  amount  exceed- 
ing the  sum  of  $20 ;  or, 

2d.  That  he  believes,  and  has  reason  to  believe,  the  debtor  has 
pro])erty  not  exempt  from  execution,  that  he  does  not  intend  to 
apply  to  the  plaintiff's  claim  ;  or, 

3d.  That  he  believes,  and  has  reason  to  believe,  that  the  debtor 
intends  to  leave  the  State,  so  that  execution,  if  obtained,  cannot 
be  served  upon  him ;  or  (instead  uf  the  second  and  third)  that 
the  debtor  is  an  attorney-at-law ;  that  the  debt  sought  to  be 
recovered  is  for  money  collected  by  him  for  the  plaintiff,  and 
which  he  unreasonably  detains. 

An  order  of  arrest  will  also  be  granted  in  an  action  arising  on 
a  tort,  where  the  plaintiff  shows  to  tho  satisfaction  of  the  court 
that  the  defendant  is  about  to  remove  ou^  of  its  jurisdiction. 

No  person  can  be  arrested  on  an  execution  issued  for  debt  or 
damages  in  a  civil  action  for  tort  unless  the  judgment  creditor, 
or  some  person  in  his  behalf,  after  execution  is  issued  amounting 
to  820,  exclusive  of  costs,  makes  an  affidavit  as  to  the  nature  and 
amount  of  his  claim,  and  specifying,  further,  that  he  believes,  and 
has  reason  to  believe,  that  the  debtor  is  possessed  of  property  not 
exempt  from  execution,  and  which  he  has  no  intention  of  apply- 
ing to  the  payment  of  the  plaintiff''s  claim ;  or  that,  since  the 
contraction  of  the  debt,  the  debtor  has  fraudulently  disposed  of 


MASS  A  Cn  U SETTS. 


1^3 


aount  exceed- 


some  part  of  his  estato  for  the  piui)08e  of  Bcciaiiig:  the  aniiie  to 
hisowii  use,  oi  f  defrauding  Ids  creditors;  or  that,  ince  ,  e 
contraftion  of  the  debt,  the  debtor  has  lost  $100  or  more  by 
gambling,  «'  ,ly  ex])ended  or  misused  his  goods,  to 

enable  liiiu  ,  .,  u  pour  debtor's  oath  ;  or  that  he  contracted 
the  debt  with  lo  intention  of  not  paying  for  the  same  ;  or  that 
\y  is  an  attorney-at-law,  and  has  collected  the  money  for  the 
for  and  unreasonably  delays  in  paying  over  the  same. 

A  woman  cannot  bo  arrested  in  a  civil  action  on  a  contract. 

The  debtor  may  be  discharged  from  arrest  on  taking  the  poor 
debtor's  oath,  or  on  an  affidavit  that  ho  has  no  intention  of  leaving 
the  State. 

ArrAciiMENTK  -AH  of  tho  property  of  the  debtor  not  exempt 
fnnn  exccntioi  .y  be  attached  upon  the  original  writ,  and  held 
t'ur  thirty  days  after  judgment  a.-  ocurity  for  the  amount  the 
plaiatitr  may  recover  in  the  notion.  No  affidavit  or  bond  is 
necessary,  except  that,  in  case  uf  non-resident  plaintiffs,  a  resi- 
dent must  indorse  the  writ  and  will  be  held  liable  for  the  costs, 
if  any,  recovered  against  the  idaintiff.  Personal  property,  if 
perishable,  may  be  appraised  and  sold ;  the  officer  holding  the 
proceeds  in  lieu  of  the  property. 

For  the  general  application  of  this  system  of  attachments  see 
title,  "  New  England  Grab  Za?<;." 

Dills  of  Exchange  and  Pkomissoey  Notes  are  governed  by 
the  common  law,  except  that  in  the  case  of  notes,  payable  on 
demand,  a  demand  must  be  made  within  sixty  days  from  the 
date  thereof  to  hold  the  indorser. 

Sight  drafts  are  allowed  three  days'  grace. 

Bills  of  Sale  and  Deeds  of  Trust  are  not  valid  as  to  third 
parties  without  they  are  accompanied  by  immediate  and  con- 
tinued change  of  possession. 

CiiArrEL  Mortgages  are  not  valid  as  to  third  parties  until 
recorded  as  follows :  If  executed  by  a  non-resident,  in  the  record 
office  of  the  city  or  town  where  the  property  is ;  and  if  the  mort- 
gagor is  a  resident,  then  in  the  city  or  town  where  he  resides, 
and  also  where  he  transacts  his  principal  business. 

Deeds  of  Trust.    See  Bills  of  Sale. 

Deeds  and  Mortgages,  if  executed  in  another  State,  may  be 


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MASSA  CU  USETTS. 


acknowledged  before  any  magistrate,  notary  public,  justice  of 
the  peace  or  commissioner  for  this  State.  If  executed  out  of 
tlie  United  States,  the  acknowledgment  may  be  taken  by  any 
United  States  minister  or  consul. 

When  acknowledgments  are  taken  out  of  the  State  before  any 
of  the  above  named  officers,  other  than  commissioners  for  Mas- 
sachusetts or  ministers  of  the  United  States,  there  should  be 
attached  a  certificate  of  the;  official's  appointment  and  authority, 
made  by  the  secretary  of  the  State  or  the  clerk  of  a  court  of 
record. 

Form  of  Ackn(mledgm.ent8.    See  Appendix,  Forms. 

Estates  of  Deceased  Persons.— An  action  will  not  lie  against 
executors  or  administrators  until  after  the  expiration  of  one  year 
from  the  time  of  their  appointment,  nor  after  the  limit  of  two 
years  from  such  appointment,  save  in  a  few  exceptional  cases. 

Claims  should  be  presented  in  writing,  duly  verified,  within  a 
year  from  the  time  of  granting  letters  of  administration,  to  :;ake 
the  benefit  of  the  first  division  of  the  proceeds  of  the  estate. 

Exemptions  : 

Personal  Property.— llhc  following  personal  property,  owned 
by  a  resident  householder  and  the  head  of  a  family,  is  exempt 
from  attachment  or  levy  under  execution  :  the  necessary  wearing 
apparel  for  himself  and  family ;  one  bedstead,  bed  and  bedding 
for  every  two  persons  in  the  family ;  one  stove,  and  fuel  to  the 
value  of  $80 ;  a  sewing  machine  in  actual  use,  not  exceeding  in 
value  $100 ;  other  necessary  household  furniture  to  the  value  of 
$100;  books  to  the  value  of  $50;  one  cow,  six  sheep,  one  swine, 
two  tons  of  hay  ;  the  tools,  implements  and  fixtures  necessary  to 
the  carrying  on  of  his  business,  and  not  exceeding  in  value  $100, 
and  necessary  stock  to  the  value  of  $100;  necessary  provisions 
for  the  use  of  the  family  to  the  value  of  $50  ;  the  boats,  fishing 
tackle  and  nets  of  fishermen,  actually  used  by  them,  to  the  value 
of  $100 ;  and  the  uniform,  arms  and  accoutrements  of  an  ofiieer 
or  soldier  in  the  militia. 

Homestead.— EvQYy  householdei-,  having  a  family,  may,  by 
recording  a  declaration  to  that  eifeet,  secure  to  himself  an  estate 
of  homestead,  not  exceeding  in  value  the  sum  of  $800,  in  the 
farm  or  lot,  with  the  buildings  thereon  owned  and  occupied  by 


H? 


MASSA  CHUSETTS. 


185 


him  as  a  residence.     The  homestead  continues  after  his  death 
for  the  benefit  of  the  family  imtil  the  youngest  child  becomes  of 

cum 


ago 


Imprisonment  fok  Debt.    See  ATrest. 

Interest  and  Usury  Laws  : 

Legal  Bate,  6  per  cent. 

Parties  may  legally  contract  in  writing  for  any  rate  per  cent. 

Judgments  are  not  liens  upon  real  estate.  The  lien  of  the 
original  attachment  continues  for  thirty  days  after  the  entry  of 
judgment. 

LlMPTATION  OF  AcTIONS  : 

Two  I^w^  -Actions  for  assault  and  batteiy,  and  false  imprison- 
ment, and  all  actions  against  executors,  administrators,  guar- 
dians, trustees,  sheriffs,  constables  and  assignees  in  insolvency  for 
the  taking  and  conversion  of  personal  property.  ' 

Four  r-«?m.-Actions  against  sheriffs  for  the  official  misr-on- 
duct  of  their  deputies. 

Six  Years.-Yvc^i,  actions  on  contracts  not  under  seal ;  second 
actions  for  rent;  third,  actions  of  replevin;  fourth,  all  actions 
ot  tort  except  those  above  specified. 

T^oenty  rmy^.—Actions  for  the  recovery  of  land,  or  upon  an 
attested  note,  it  brought  by  the  original  payee  or  his  personal 
repiesentatives,  and  all  personal  actions  on  contracts  not  above 
limited. 

Married  WoMEN.-The  property,  real  and  personal,  owned 
by  a  married  woman  at  the  time  of  her  marriage,  or  received  by 
ler  ouring  coverture,  including  the  proceeds  from  her  trade 
business  or  services,  carried  on  or  performed  on  her  sole  and 
separate  account,  and  all  the  rents  and  profits  thereof,  shall  not- 
withstanding her  marriage,  be  and  remain  her  sole  and  separate 
property ;  and  may  be  used,  collected  and  invested  by  her  in  her 
own  name  and  shall  not  be  subject  to  the  interference  or  control 
of  her  husband,  or  liable  for  his  debts. 

A  married  woman  may  bargain,  sell  and  convey  her  separate 
personal  property,  and  carry  on  business  in  her  own  name  as 
hilly  as  If  she  was  ^feme  sole;  but  she  cannot  convey  her  shares 

JulT"*"v"  '""^1  estate  without  the  consent  of  1 
I'usband  m  writing,  or  evidenced  by  his  johiing  in  the  deed, 


186 


MAS8A  Oil  [/SETTS. 


except  that,  in  certain  cases,  where  the  husband  is  incapable  of 
acting,  the  court  will  consent,  on  her  petition,  that  she  may  con- 
vey the  same  alone. 

A  married  woman,  doing  business  as  afetne  sole  trader,  must 
file  a  certificate  in  the  clerk's  office  in  the  city  or  town  where 
she  does  business,  setting  forth  the  name  of  her  husband,  the 
nature  of  her  business,  and  the  place  where  it  is  to  be  done- 
otherwise  her  property  will  be  liable  for  her  husband's  debts ; 
and  if  neither  the  husband  or  wife  file  such  certificate  he  will  be 
personally  responsible  for  all  her  contracts  or  liabilities  contracted 
in  such  business. 

Promissory  Notes.     See  Bills  of  Exchange. 

Wills  must  be  signed  by  the  testator,  or  by  some  one  else  in 
his  presence,  and  at  his  request,  and  witnessed  by  at  least  three 
competent  persons,  who  should  subscrije  their  names  in  the  pre- 
sence of  the  testator ;  but  wills  are  valid,  for  the  purpose  of  con- 
veying either  personal  or  real  property  in  this  State,  if  they 
answer  the  requirements  of  the  law  of  the  place  where  executed. 


MASS  A  CHUSETTS. 


187 


MASSACHUSETTS. 


AMESBURY  —  Essex  County. 
George  W.  Cate. 

This  certifies  that  George  W.  Cate,  Esq.,  of  Amesbury,  is  an 
attorney  in  good  standing,  and  we  consider  him  reliable  and 
straightforward  in  his  business  transactions. 

THOS.  J.  CLARK,  President  of  the  Powow  River 
Nat.  Bank  and  Treasurer  of  the  Savings  Bank. 
GEO.  F.  BAGLEY,  Cash.  Powow  River  Nat.  B'k. 
Amesbury,  January  14,  1873. 

ASHLAND — Middlesex  County. 

George  W.  Norris. 

rr,     ,        ..  Natick,  December  1,  1872. 

70  whom  it  may  concern : 

George  W.  Norris,  Esq.,  of  Ashland,  Middlesex  county,  Massa- 
chusetts, is  a  gentleman  of  good  standing  in  his  profession,  and  I 
liave  no  hesitation  in  recommending  him  to  any  who  may  stand  in 
need  of  professional  assistance.  He  is  an  attorney  with  whom  I 
feel  safe  to  confide  my  legal  interests. 

LEONARD  WINCH, 
Pi-esident  of  Natick  National  Bank. 

BELCHERTOWN  — Hampshire  County. 
Franklin  Dickinson. 

„     ,        .  Bblchertown,  November  26,  1872. 

lo  whom  it  m,ay  concern : 

I  have  had  occasion  in  several  instances  to  employ  Mr.  Franklin 
Dickinson,  as  attorney,  for  the  collection  of  debts,  and  have  always 
found  him  prompt  and  faithful  in  the  interest  of  his  clients. 

C.  BRIDGMAN, 
President  First  Nat.  Bank,  Amherst,  Mass. 


188 


MASS  A  CIIUSETTS. 


BLACESTONE  —Worcester  County. 
Silas  A,  Burgess, 

BOSTON  —  Suffolk  County. 
Hillard,  Hyde  &  Dickinson  (No.  14  Pemberton  Square). 
Geobge  S.  Hillard,  LL.  D.  (ex-U.  S.  and  City  Attorney). 
Henry  D.  Hyde  (formerly  Assistant  U.  S.  Attorney). 
M.  F.  Dickinson,  Jr.  (President  of  Common  Council,  Boston). 

Office  No.  14  Pemberton  Square,  | 
Boston,  January  9,  1873.  j 
Refer  to  Hons.  Wm.  B.  Washburn,  Governor  of  Massachusetts  ; 
A,  H.  Bullock,  ex-Govemor  oi  Massachusetts;  Wm.  Claflin,  ex- 
Governor  of  Massachusetts  ;  Charles  Sumner,  Senator,  Mass. ;  Kid- 
der, Peabody  &  Co.,  Bankers  in  Boston  (branches  abroad)  ;  Hide 
and  Leather  National  Bank,  Boston;  Howard  National  Bank, 
Boston  ;  Merchants'  National  Bank,  Boston  ;  Exchange  National 
Bank,  Boston;  State  National  Bank,  Boston;  Fairbanks  &  Co. 
(scales),  Boston  and  New  York;  H.  M.  Whitney,  Agent  Metro- 
politan Steamship  Co.,  Boston  and  N.  Y. ;  W.  C.  Ralston,  Bank, 
California,  San  Francisco. 

EAST  DOUGLAS — Worcester  County. 
Adolphus  F.  Brown, 

FITCHBURG— Worcester  County. 
JEdw,  B.  Sawteil, 

FiTcntuRG  National  Bank,      ) 
FiToiiBUEGj  Mass.    Oct.  28,  1872.  j 
To  all  whom  it  may  concern : 

I  hereby  certify  that  I  am  personally  acquainted  with  E.  B. 
Sawteil,  Esq. ;  that  he  is  an  attorney  in  good  standing  and  well 
qualified  to  transact  any  legal  business  intrusted  to  him. 

E.  TOREY,  President. 

GARDNER— Worcester  County. 

E.  D.  Howe, 

.  Gardner,  Mass.,  Ja^i.  2,  1873. 

To  tchom  it  may  concern : 

This  may  certify  that  I  am  personally  acquainted  with  E.  D. 
Howe,  Esq.,  of  Gardner,  Mass.,  an  attorney  at  law,  and  believe  him 


Massa  giwsetts. 


189 


to  be  well  qualified  to  undertake  any  legal  business  intrusted  to 
him.  He  is  prompt  and  faithful  to  his  clients'  interests,  and  this 
testimonial  is  very  cheerfully  given. 

THOS.  P.  GLAZIER, 

Trial  Justice  for  Worcester  Co.,  Mass. 

HAVERHILL— Essex  County. 
Jos,  K,  JennesH, 

Haverhill,  Mass.,  May  28,  1873. 
The  undersigned  have  long  personally  known  Joseph  K.  Jenness, 
counselor  at  law  of  this  city,  and  take  pleasure  in  recommending 
bim  to  the  attention  of  those  desiring  the  services  of  one  of  his 
profession,  as  we  believe  any  business  intrusted  to  him  would 
receive  prompt  attention. 

JAMES  E.  GALE,  Cashier  JTaverhiU  Ncitional  Bank. 
A.  B.  JAQUES,  Treasurer  Haverhill  Savings  Bank. 
WM.  CALDWELL,  Cashier  Essex  National  Bank. 
JOHN  L.  HOBSON,  Cashier  Merrimac  National  Bank. 
E.  G.  WOOD,  Cashier  First  National  Bank. 

HOLYOKE— Hampden  County. 
Albert  A,  Tyler. 

Hadlky  Falls  National  Bank,      ) 
HoLYOKE,  Mass.,  December  18,  1872.  j 
To  whom  it  may  concern : 

Our  acquaintance  with  Mr.  A.  A.  Tyler  is  such  that  we  can  con- 
fidently recommend  him  to  the  public  as  an  attorney  capable, 
prompt  and  faithful  in  the  discharge  of  his  professional  duties. 

H.  P.  TERRY,  Cashier. 

LAWRENCE  — Essex  County. 
Tarbox  &  Briggs. 

Jnc.  K.  Tarbox  (State  Senator,  formerly  Representative,  Mas- 
sachusetts Legislature). 
Chas.  E.  Beiggs. 


LENOX— Berkshire  County. 
Thomas  Post  (formerly  Member  of  Massachusetts  Legislature). 


I 


190 


MASSA  CIl  V SETTS. 


LEXINGTON -Middlesex  County. 
Asa  Cottrell. 


W.  i 


NEWBURYPOET- Essex  County. 
Caleb  Lampson. 

PITTSFIELD  -  Berkshire  County. 

Chas.  W.  Van  Demark. 

I  am  acquainted  with  Mr.  Van  Demark,  of  this  town,  and  esteem 
him  as  a  gentleman,  of  good  manners  and  kind  address  ;  as  a  man 
in  business,  superior ;  in  abilities,  balanced  and  of  high  order ;  in 
character,  honest,  upright,  honorable  and  faithful ;  and  any  trusts 
reposed  in  him  will  be,  I  have  no  doubt,  executed  with  fidelity  and 
to  the  satisfaction  of  those  interested.  I  have  only  to  add,  that  it 
is  these  qualities  that  have  secured  for  him  the  confidence  of  this 
community  and  clothed  him  with  high  official  trusts. 

JOHN  TODD,  Pmtor  First  Church. 
PiTTSFiELD,  June  6,  IS^a. 

I  fully  concur  in  the  above  recommendation. 

JOSEPH  TUCKER, 

Jiidc/e  District  Court  of  Central  Berkshire. 

SALEM  — Essex  County. 
Charles  Sewall. 

Asiatic  National  Bank,  Salem,  March  26,  1873. 
To  S.  F.  Kneeland,  Esq.,  Albany,  JV.  Y.  : 

We  can  recommend  Mr.  Sewall  to  you  as  an  attorney  prompt 
and  faithful,  and  qualified  to  undertake  any  legal  business  intrusted 
to  him. 

M.  H.  FOSTER,  Cashier. 

SOUTHBRIDGE— Worcester  County. 
Andrew  J.  Bartholomew  (State  Senator  of  Massachusetts). 


MASS  A  CIIUSETTS. 


191 


unty. 


unty. 


anty. 

town,  and  esteem 
iddress  ;  as  a  man 
of  high  order  ;  in 
1 ;  and  any  trusts 
I  with  fidelity  and 
ily  to  add,  that  it 
confidence  of  this 
ists. 

r  First  Church. 


ER, 

trcU  Berkshire. 


\farch  26,  18V3. 


attorney  prompt 
msiness  intrusted 

TER,  Cashier. 


tinty. 

Massachusetts). 


SPRINGFIELD  — Hampden  County. 

Timothy  M.  lirown. 

Agawam  National  Bank  of  Spbingpield,  ) 
Sprinofield,  Mass.,  Feb.  18,  1873.         \ 

It  gives  rae  pleasure  to  certify  that  Mr.  T.  M.  Brown,  of  this  city, 
is  in  my  oi)inion  worthy  of  the  confidence  of  all,  as  an  able  and 
efficient  attorney  at  law,  and  as  an  honorable  man  in  all  his  dealings. 

H.  S.  HYDE,  President. 

I  concur  in  the  above. 

P.  S.  BAILEY,  Cashier. 

TAUNTON  —  Bristol  County. 
Bennett  &  Fuller. 

Edmund  H.  Bennett  (ex- Judge  of  Probate  and  Lecturer  of 

Harvard  Law  Scliool). 
Henky  J.  Fuller. 

Bennett  &  Fuller,  attorneys  and  counselors  at  law,  of  Taunton, 
Bristol  county,  Massachusetts,  are  among  the  most  reliable,  able 
and  trustAVorthy  lawyers  in  the  State 

JAMES  D.  COLT, 

Justice  of  the  Supreme  Jud.  Court  of  Mass. 

WORCESTER  —  Worcester  County. 
James  II.  Bancroft. 

The  First  National  Bank  of  Worcester,  ) 
Worcester,  Mass.,  Feb.  14,  1873.  \ 

S.  F.  Kneeland,  Esq.,  Albany,  N.  Y.  : 

Dear  Sir.— We  are  personally  acquainted  with  James  H.  Ban- 
croft, Esq.,  an  attorney  at  law,  of  this  city,  and  will  say  that  we 
consider  him  a  responsible  and  trustworthy  person,  and  that  he  is 
in  good  standing  in  his  profession. 

Yours  truly, 

E.  A.  GOODNOW, 
GEORGE  F.  WOOD. 


192 


J/ASSAC/If'ShTT^S. 


WRENTHAM  -  Norfolk  County. 

Samuel  Warner  (formurly  State  Senator  of  Massachusetts). 

National  Bank  of  Wkentiiam,  Mass.,  | 
WuE^mIAM,  February  28,  1873.      '  i' 
7b  w/iotn  it  may  concern  : 

We  have  had  occasion  to  employ  Samuel  Warner  an  an  attorney 
and  found  him  well  qualified  for  the  legal  business  which  wo 
intrusted  to  him.  He  will  bo  found,  we  believe,  faithful  to  the 
interests  of  his  clients,  and  ready  and  prompt  to  serve  them.  Wo 
cheerfully  recommend  him  as  a  suitable  member  of  the  Merchants' 
Protective  Law  Association. 

F.  N.  PLIMPTON,  Cashier. 
I  concur  in  the  above. 

THOMAS  PROCTOR,  Director. 


m 


MICUIGAN. 


193 


MICHIGAN. 


ENACTMENTS  AFFECTING  COMMERCE. 


CTOR,  Director. 


AcKNowLKnoMENTs.     See  Deeds. 

Aliens.     See  title  ''Rights  of  Aliens:' 

Arkest  on  civil  procesB  is  allowed  in  cases  of  fraud  and  breach 
ot  trnst ;  alno  where  tlie  debtor  is  a  non-resident,  and  where  the 
action  ,8  for  money  collected  as  a  public  officer,  or  for  miscon- 
duc  or  neglect  m  his  profession  or  office.  An  affidavit  of  one 
ot  the  above  facts  must  be  filed  together  with  a  bond  of  indem- 
nity for  the  damages  done  to  the  defendant  if  the  proceeding  is 
uiiijuccessfiil.  *  ° 

Attachments  may  issue  on  all  claims  on  contract  on  the  filinir 
0  a  bond,  and  an  affidavit  setting  forth  the  nature  and  amount 
ot  the  mdebtedness,  and  specifying  one  the  following  causes: 

Ist    lliatthe  defendant  has  absconded  or  is  about  to  abscond 

roni  the  State,  or  that  he  is  concealed  therein  to  the  injury  of 

Jus  creditors.  j    /  "-^ 

2d.  That  the  defendant  has  assigned,  disposed  of  or  concealed, 
or  18  about  to  assign,  dispose  of  or  conceal  any  of  his  property 
with  the  intent  to  defraud  his  creditors.  r    v     j 

3d.  That  the  defendant  has  removed  or  is  about  to  remove  any 
of  Ins  property  out  of  the  State  with  the  intent  to  defraud  his 
croditors. 

|ith.  That  he  fraudulently  contracted  the  debt  or  incurred  the 
obtigiition  respecting  which  the  suit  is  brought. 

5th.  That  the  defendant  is  not  a  resident  of  this  State,  and  has 
not  resided  therein  for  three  months  immediately  preceding  the 
tune  of  making  such  affidavit.  ^ 

6th.  That  the  defendant  is  a  foreign  corporation. 
13 


104 


MTVUIGAN. 


Un.I-8   OF   EXCIIANOB   AND   PttOMIrtSOHY  NoTE9  flFO  gOVOrilod   bv 

thu  cotninoM  liiw. 

Tho  dct'cnso  of  usury  cunnot  bo  ])loft(le(l  against  a  bona  Juie 
holder,  for  value,  of  a  promissory  note. 

JhLLS  OK  Salk  are  void  as  io  innocent  third  parties,  unless  tlioy 
are  tiled  in  tho  olHce  of  the  township  clerk  of  tho  township  oi 
tho  city  clerk  of  tho  city  where  tho  mortgagor  resides;  or  accom 
panied  l»y  immctliate  di'livoi-y  and  continued  change  of  posscssiou. 

The  same  rnlo  applies  to  chattel  mortgages,  except  that  in  the 
latter  case  tho  murtgageo  must  renew  the  mortgage  thirty  diiyn 
before  tho  expiration  of  each  year,  by  tiling  a  copy  thereof,  with 
an  alHduvit  attached  stating  tho  amount  due  thereon. 

CuArrEL  MoitroAOKS.     See  Bills  of  Sale. 

Dekds  and  Mobtgaoks. — Acknowledgments  may  bo  taken  in 
other  States,  by  a  judge  of  a  court  of  record,  justice  of  ^uo  peace, 
notary  j)ublic,  master  in  chancery,  or  other  otHcer  authorized  by 
tho  laws  of  the  State  where  executed  to  take  acknowledguieiits 
therein,  or  before  any  commissioner  appointed  by  tho  Governor 
of  Michigan  for  that  purpose ;  if  not  taken  before  such  comniiH- 
eioner,  there  must  bo  attached  a  certiticate  under  seal  of  the  clerk 
of  a  court  of  record  as  to  tho  identity  of  tho  otficer  taking  the 
acknowledgment,  and  that  the  same  is  executed  and  aeknaw- 
ledged  according  to  the  laws  of  such  State. 

If  executed  in  any  foreign  country,  they  inay  bo  acknowledged 
before  any  minister,  consul  or  charge  d'atfaires  of  the  United 
States,  a  notary  public  or  a  commissioner  of  deeds  for  this  State, 
under  their  respective  seals  of  ottice. 

The  acknowledgment  of  a  married  woman  must  bo  taken  sej)- 
arate  and  apart  from  her  husband,  and  the  certiticate  of  the  offi- 
cer should  state  that  she  executed  the  same  freely  and  without 
fear  or  compulsion  of  any  one. 

Form  of  Achnowledgments.     See  Appendix,  Forms. 

Record  of. — All  conveyances  should  be  recorded  in  the  connly 
where  the  land  lies.  Mortgages  take  precedence  from  the  time 
of  tiling  for  record,  and  are  void  as  to  third  parties  until 
recorded.  It  is  a  misdemeanor  for  the  mortgagor  to  fraudulently 
embezzle,  remove,  conceal  or  dispose  of  any  of  the  mortgaged 
property  with  intent  to  injure  the  mortgagee  or  assignee. 


MJCIIIOAN. 


1^5 


Kmtates  of  DEOKAflED  Persc.nb.-AH  clainiB  nnist  l.e  prcso-.tcMl 
^vltll.n  two  yoarH,  nnd  the  ostnte  settled  within  fuur  ^^eurH  IVoni 
tho  Ki-aiitrng  uf  letters  of  ftdministmtioii.  The  court  limits  the 
ti-iie  in  either  case,  and  the  claims  must  bo  presented  within  tho 
time  limited.  They  should  bo  oxocutod  in  writing,  duly  veriHed 
uiul  presented  to  tho  (ionnnissionore  niipointed  by  tho  Probate 
Court  to  j/asa  upon  thom. 

ExEoiTTioNB.    Seo  Judgments  and  Exempimu. 

Exemptions: 

Permnal  PropeH>/.— Tho  library  and  school  books  of  every 
individual  and  family  to  tho  value  of  $150;  furniture  anil 
l.niiHchold  goods  to  tho  value  of  $250;  the  teams,  tools  or 
implements  of  any  trade  or  professi.m  in  whicli  the  party  is 
principally  engaged,  to  tho  value  of  $250;  to  each  householder 
ton  sheep,  two  cows  and  five  swine,  and  tho  food  for  them  dur- 
ing SIX  months.  The  statute  also  covers  tho  usual  speciHcations 
ot  houHohold  articles  of  a  trivial  value. 

Homestead.— Thom  is  also  exempt  to  a  resident  householder  a 
hoinostead  of  not  exceeding  forty  acres,  and  tlio  dwelling-house 
thereon,  with  its  ai^purtenances,  to  be  selected  by  the  owner 
thereof,  and  not  included  in  any  recorded  town  plat,  citv  or  vil- 
agc;  or  instead  thereof,  at  tho  option  of  the  owner,  a  quantity  of 
land,  not  exceeding  in  amount  one  lot,  boing  within  a  recorded 
town  plat,  city  or  village,  and  the  dwell ihg-house  thereon  and  its 
appurtenances,  owned  and  occupied  by  any  resident  of  the  State 
not  exceeding  in  value  $1,500.  ' 

Imi'kisonaient  fob  Debt.    See  Arrest. 

Interest  and  Usury  : 

lc;/al  Hate,  7  per  cent. 

AlhmaUe  hy  wntten  contract,  10  per  cent. 

Usury  forfeits  the  excess  over  7  per  cent. 

JCD0MENT8.--A  judgment  is  not  a  lien  on  real  estate  until  a 
levy  is  made  thereon  under  execution. 
Limitation  op  Actions  : 

Two  Years.— M{\om  of  assault  and  batterv,  folse  imprison- 
ment, slander,  libel  and  trespass  on  land. 

Three  Years.-Aciion^  against  sheriffs  for  the  official  miscon- 
duct of  their  deputies. 


196 


MICHIGAN. 


15  •* 


Six  Years. — Actions  of  debt  on  any  contract  or  liability  not 
under  seal,  except  those  brought  upon  judgments  of  ciurts  of 
recorJ,  actions  upon  judgments  not  above  excepted ;  for  rent,  of 
assumpsit,  and  all  actions  for  taking,  detaining  or  injuring  goods 
or  chattels ;  and  all  other  actions  not  otherwise  mentioned. 

Ten  Years. — Actions  on  judgments  of  courts  of  record  and 
sealed  instruments. 

Maebied  Women. — The  property  of  a  married  woman,  whether 
actpiired  before  or  after  marriage,  remains  her  sole  and  separate 
property.  She  may  contract  in  relation  to  the  same  with  any 
person,  including  her  husband,  and  carry  on  business  in  her  own 
name,  dealing  with  her  husband  the  same  as  with  third  parties, 
but  she  caanot  become  a  surety  for  the  pre-existing  debt  of  iier 
husband. 

I'komissoicy  Notes.     See  Bills  of  Exchange. 

Wills  require  two  witnesses,  and  are  executed  in  the  ordinary 
manner. 


MICHIGAN. 


197 


MICHIGAN. 


ed  in  the  ordiuary 


ADRIAN— Lenawee  County. 
Geildes  &  3Iill  >r, 

NoKMAx  Geddes. 

CiiAS.  R.  MaLBB  (ex-Prosecuting  Attorney). 


-Allegan  County. 


ALLEGAN 
Arnold  &  Stone, 

Daniel  J.  Abxold  (Judge  of  Probate). 
Joijx  W.  Stone   (formerly  County  Clerk  and  Prosecuting 
Attorney).  =" 

Allegan,  Mich.,  October  28,  1872. 
10  all  whom  it  may  concern  : 

Wo,  the  undersigned,  president  and  cashier  of  the  First  Nationa) 
Bank  of  Allegan,  do  certify  tl.at  we  are  personally  acquainted 
with  D.aniel  J  Arnold  and  John  W.  Stone,  who  compose  the  law 
farm  of  Arnold  &  Stone,  and  that  they  are  men  of  integrity,  and  as 
lawyers  are  prompt,  energetic  and  in  good  standing. 

G.  B.  ROBINSON,  Cashier. 
B.  D.  PRESIDENT,  President. 

ALMA  — Gratiot  County. 
Fmncis  Palmer. 

State  op  Michigan,  Tenth  Judicial  Circuit. 

To  all  lohom  it  may  concern : 

This  certifies  that  Francis  Palmer  is  a  practicing  attorney  at 
Ahna,  Gratiot  county,  in  my  circuit,  in  good  standing  and  repute 
m  Ins  pro  ossion,  and,  as  such,  I  believe  him  entitled  to  the  confi- 
ueiice  ot  tlie  public. 

n  ,   ,  T  „  JOHN  MOORE,  Circuit  Judye. 

Uatecl  Ithaca,  May  7,  1873. 


198 


MICHIGAN. 


ANN  ARBOR  — Washtenaw  County. 
M%ra  C.  Seaman, 

Office  of  First  National  Bank  of  Ann  Arbor,  / 
Ann  Abbok,  June  5,  1873.  j 

The  uiulersigned,  officers  of  the  First  National  Bank  of  Ann 
Arbor,  county  of  Vfashtcnaw  and  State  of  Michigan,  respoctfully 
represent  tliat  Ezra  C.  Seaman  is  a  lawyer  of  good  standing  in  the 
profession,  and  that  he  is  a  responsible  and  reliable  man  of  good 
standing  in  the  community.  He  can  be  depended  upon  as  a  busi- 
ness man  of  integrity. 

E.  WILLS,  President. 
J.  K.  KNIGHT,  (Jashier, 
Of  the  First  Nat.  Bank  of  Ann  Arbor,  Mich. 


BAY  CITY  — Bay  County. 
Holmes  &  Stoddard. 

Sydney  T.  Holmes  (ex-Member  (..f  Congress  and  Judge  C.  C). 
John  L.  Stoddard. 

Bay  City,  Mich.,  Dec.  23,  1872. 
To  tohom  it  may  concern : 

I  hereby  certify  that  Messrs.  Holmes  &  Stoddard,  of  this  city, 
arc  attorneys  and  counselors  at  law,  and  solicitors  and  counselors 
in  cliancery  in  the  several  courts  of  this  State,  in  good  professional 
standing. 

S.  M.  GREEN, 
Circuit  Judge  Eighteenth  Judicial  Circuit. 

BIG  RAPIDS— Mecosta  County. 

B,  Jt\  Graven, 

Northern  National  Bank,     ) 
Big  Rapids,  Mich.,  March  1,  1873.  j 

I  hereby  certify  that  I  am  well  acquainted  with  B.  F.  Graves, 
and  that  he  is  an  attorney  at  law  and  solicitor  in  chancery,  in  good 
standing,  in  this  community. 

G.  T.  STEARNS,  President. 


MICHIGAN. 


199 


CASSOPOLIS  — Cass  County. 
John  A,  Talbot. 

First  National  Bank  of  Cassopolis,  Mich.,  ) 
October  28,  1872.  f 

To  whom  it  may  concern : 

We  have  had  occasion  to  use  John  A.  Talbot,  Esq.,  as  an  attorney 
for  tills  bank,  and  found  him  competent  and  trustworthy.  We  espe- 
cially recommend  him  to  parties  having  any  collections  to  make  in 
this  vicinity. 

CHARLES  H.  KINGSBURY,  Cashier. 


CHARLOTTE  — Eaton  County. 
Frank  A.  Hooker. 

First  National  Bank,  ) 

Charlotte,  Mich.,  OcU  21,    1872.  \ 
To  whom  it  may  concern : 

I  have  frequently  placed  business  in  the  hands  of  Frank  A. 
Hooker,  Esq.,  attorney,  etc.,  and  certify  that  he  is  well  qualified  to 
transact  any  legal  business  that  may  be  intrusted  to  him.  Mr. 
Hooker  is  jjrompt  and  faithful  in  the  interest  of  clients,  and  in 
every  way  entitled  to  success. 

E.  S.  LACEY,  Cashier. 


icUcial  Circuit. 


NS,  President. 


CHELSEA  — "Washtenaw  County. 
James  31.  Martin. 

DETROIT  — Wayne  County. 
Ward  &  Palmer. 

John  Ward  (ex-District  Attorney  of  Vermont). 
EuviN  Palmer. 

Ward  &  Palmer  are  members  of  the  "Wayne  county  bar,  and 
have  an  extensive  practice  in  all  the  courts  of  this  State.  They 
are  gentlemen  of  good  character,  high  professional  standing  and 
pecuniary  standing. 

JARED  PATCHIN,  Judge  Third  Circuit,  Mich. 


'f '  i 

,    ! 


aoo 


MICHIGAN. 


l;:i 


EAST  SAGINAW  — aaginaw  County. 
Hucklns  &  Sutherland. 

SeTII    G.  HUCKINS. 

Wm.  O.  Sutherland. 
To  whom  it  may  concern : 

This  is  to  certify  that  Sotli  G.  Huckins  and  William  O.  Sutlior- 
land,  corai^osing  the  law  firm  of  Huckins  &  Sutherland,  at  East 
Saginaw,  Michigan,  arc  attorneys  of  good  professional  standing, 
and  worthy  of  confidence.  I  take  pleasure  in  saying  that  I  believe 
them  prompt  and  faithful  in  the  interests  of  their  clients. 

JOHN  MOOllE,  Circuit  Judae. 
February  28,  1873. 

I  cheerfully  indorse  the  above. 

[l.  s.]      FRED.  B.  SWEET,  Clerk  Saginaw  County,  Mich. 


If     ' 


EATON  RAPIDS  — Eaton  County. 
John  M,  Coi'bin. 

Banking-House  of   Morgan   Vaughan,  ) 
Eaton  Rapids,  Mich.,  April  14,  1873.      j 
S.  F.  Knekland,  Esq.,  Albany,  JV.  Y.  : 

^  John  M.  Corbin,  Esq.,  has  been  a  resident  of  our  city  for  a  long 
time.  lie  has  done  considerable  business  for  us  and  has  always 
been  prompt  and  attentive. 

Yours  truly, 

MORGAN  VAUGHAN. 

FENTON— Genesee  County. 
A,  U.  Wood. 

State  Bank  of  Fenton,  Michigan,  ) 

November  8,  1872.  j 

We  are  personally  well  acquainted  with  A.  U.  Wood,  an  attor- 
ney at  law,  of  Fenton,  and  consider  him  professionally  capable, 
reliable,  prompt  and  responsible. 

J.  BUCKBEE,  President. 

EDWIN  TRUMP,  Cashier. 


\v\ 


MICIIIGAHr. 


201 


^  Comity,  Mich, 


I  VAUGHAN. 


FLINT  — Genesee  County. 

F.  H.  Thurston  (formerly  State  Seuator,  Representative  and 
I'rosccuting  Attorney). 

Kefers  to  First  National  Bank  of  Flint;  Citizens'  National  Ban^ 
.  of  Flint,  Genesee  county,  Mich.  ;  First  National  Bank  of  Det; 
Morcliants'  National  Bank,  East  Saginaw;  First  National  Bank  u 
Bay  City. 

FRANKFORT  — Benzie  County. 
N.  AuyUHtHS  i'tU'kei'  (formerly  Prosecuting  Attorney).      » 

GRAND  HAVEN  —  Ottawa  County. 
Samuel  L.  Tate. 

To  whom  it  may  concern : 

It  gives  me  groat  pleasure  to  certify  that  Samuel  L.  Tate,  Esq., 
of  the  city  of  Grand  Haven,  is  an  able,  faithful  and  reliable  mem- 
ber of  the  bar,  and  has  the  entire  confidence  of  the  judges  of  the 
Courts  of  Record  in  Western  Michigan,  as  well  as  of  the  public 
generally. 

A.  IT.  GIDDINGS, 
Circuit  Judge  Fourteenth  Judicial  Circuit,  Mich. 
Gkand  Haven,  Mich.,  Oct.  2G,  1872. 

GRAND  RAPIDS  — Kent  County. 
Euf/ene  Carpentet: 

Office  of  Judge  op  Prohate,  Kent  County,  Mich.,  ) 
Grand  Rapids,  December  19,  1872.  J 

To  vihom  it  may  concern : 

Eugene  Carpenter,  Esq.,  of  the  city  of  Grand  Rapids,  Michigan, 
is  a  lawyer  of  good  standing  and  ability. 

BENJAMIN  A.  HARLAN,  Judge  o/  Probate. 

GREENVILLE  — Montcalm  County. 
Geo.  If.  Beelmmt  (P.  O.  Ionia,  Mich.). 

HART  — Oceana  County. 
T.  S.  Guvney. 

^Ir.  Guniey  is  County  Cr.  rl    and  Register  of  Deeds  for  Oceana 
county,  Michigan. 


202 


MICHIGAN. 


S|;'?i 


I  J«m\ 


W: 


HASTINGS— Barry  County. 

Chas.  H.  Bauer, 

Hastings  National  Bank,  \ 

Bankinu-House  of  Bowne  &  Galloway,  [ 

Hastincb,  Mich.,  Feb.  28,  1873.  ) 

I  cheerfully  recommend  Mr.  C.  II.  Bauer  as  an  honest,  prompt 
and  reliable  attorney. 

GEO.  E.  GOODYEAR,   Cashier. 

We  cordially  indorse  the  above  testimonial. 

S.  C.  PRINDLE,  Judge  of  Probate. 

\VM.  H.  POWERS,   Clerk  of  Barry  Co.,  Mich. 

J.  W.  VROOMAN,  Sheriff  of  Barry  Co.,  Mich. 

IONIA  — Ionia  County. 
John  S.  Bennett  (formerly  County  Clerk). 

The  First  National  Bank  op  Iona,  ) 
loNA,  Mich.,  Feb.  27,  1873.  \ 

I  do  hereby  cheerfully  recommend  John  S.  Bennett,  an  attorney 
at  Ionia,  Mich.,  as  a  p  litable  and  qualified  person  to  undertake  and 
transact  any  legal  business  intrusted  to  him  as  an  attorney. 

A.  F.  CARR,  Cashier. 


IJ  I* 


ill 


JACKSON  — Jackson  County. 
Wm.  Seward  Gridletj, 

I  have  known  Wm.  Seward  Gridley  for  several  years  ;  he  is  an 
attorney  at  law,  and  is  worthy  of  the  confidence  of  the  business 
public, 

J.  M.  ROOT, 
•  I^esulent  Peojiles^  Nat.  Bank,  Jackson,  Mich. 

JONBSVILLE  —  Hillsdale  County. 
W,  J.  Baxter, 

References. — People's  Bank,  New  York  ;  Ralph  Mead  &  Co., 
New  York  ;  Swift,  Seaman  »fc  Co.,  New  York ;  Hon.  Geo.  Ilin- 
croft.  New  York  ;  John  A.  Pago,  Montpelier,  Vt.  ;  Micliigan 
Ins.  Bank,  Detroit ;   Ogden,  Jones  &  Co.,  Chicago. 


MICHIGAN. 


203 


Jackson,  Mich. 


KALAMAZOO  —  Kalamazoo  County. 
B.  F.  mil. 

The  First  National  Bank  of  Kalamazoo,  ) 
Kalamazoo,  Mich.,  May  26,  1873.  \ 

7i>  ichom  it  may  concern : 

We  take  pleasure  in  recommending  Mr.  R.  P.  Hill  as  an  honor- 
able and  upright  man,  and  believe  that  all  business  intrusted  to 
him  will  meet  his  prompt  and  careful  attention. 

L.  HULL,  President. 
CHAUNCEY  STRONG,  Cashier. 

LANSING— Ingham  County. 
S.  S.  Olds. 

By  permission,  I  refer  to  the  following  gentlemen  and  business 
houses  .  Hon.  H.  P.  Baldwin,  of  Detroit,  ex-Governor  of  Michi- 
gan, and  President  Second  National  Bank,  Detroit;  Banking 
House  of  Cyrus  Hewitt  &  Co.,  Lansing  ;  E.  Longyear,  Cashier 
Second  National  Bank,  Lansing ;  Messrs.  W.  C.  Browning  &  Co., 
wliolesale  clothiers,  New  York ;  Messrs.  Hazen,  Whitney  &  Co.' 
importers  and  jobbers  of  silk  goods,  New  York  ;  Taylor,  Thomas 
&  Co.,  wholesale  dry  goods,  Boston,  Mass.;  Hon.  B.  D.  Ball, 
Attorney-General  of  Michigan,  Lansing. 

S.  S.  OLDS. 

LAPEER— Lapeer  County. 
J.  B.  Hoove. 

I  take  pleasure  in  saying  that  J.  B.  Moore,  Esq.,  of  Lapeer,  Mich., 
is  a  practicing  lawyer  of  good  standing,  and  entirely  worthy  the  con- 
fidonce  of  any  who  may  have  business  to  be  intrusted  to  a  consci- 
entious and  faithful  laAvyer. 

JAMES  S.  DEWEY,  Circuit  Judge  Sixth  Circuit. 

LOWELL  — Kent  County. 
J.  JI.  Matheivson. 

Lowell  National  Bank,  Lottell,  Mich. 

To  lohom  it  may  concern : 

Wp  have  had  occasion  to  use  John  M.  Mathewson  as  an  attorney 
for  this  bank,  on  several  occasions,  and  have  found  him  well  quali 
fied  to  undertake  any  legal  business  intrusted  to  1^.    Mr.  Mathew 


ml 


304 


MICHIGAN. 


son  is  prompt  and  faithful  in  the  interests  of  his  clients,  and  this 
testimonial  is  very  cheerfully  given. 

H.  M.  CLARK,  Cashier. 
Dated  at  Lowell,  November  0,  1872. 

LUDINGTON  —  Mason  County. 
E.  N.  Fitch. 


MANCHESTEE  — Washtenaw  County. 
G.  It.  Palmer. 

Pkople's  Bank  of  Manchester,  ) 

Manchester,  Mich.,  Dec.  19,  1872.  j 

S.  F.  Knbeland,  Esq.,  Albany,  N.  Y,  : 

Dear  Sir. — G.  R.  Palmer,  Esq.,  is  an  attoniey  in  good  standing 
in  this  village,  and  enjoys  the  confidence  of  this  bank  to  the  fullest 
extent,  and  is  particularly  recommended  in  the  matter  of  collections. 

Yours  truly, 

O.  F.  HALL,  Cashier. 

MANISTEE  — Manistee  County. 

Smith   W,  Fowler  (formerly  State  Senator  and  Prosecuting 
Attorney). 

Manistee,  Mich.,  April  17,  1873. 

This  is  to  certify  that  I  have  known  Mr.  S.  W.  Fowler,  .ittorney 
at  law,  for  five  years  last  past.  I  consider  him  perfectly  respon- 
sible financially,  and  attentive  and  thorough  in  his  business  matters, 
and  worthy  of  the  confidence  of  his  clients. 

J.  L.  TAYLOR,  Cashier. 

MARQUETTE  — Marquette  County. 
James  E.  Daliha. 

Holding  now  the  oftice  of  Register  in  Bankruptcy  for  this  con- 
gressional district,  of  Prosecuting  Attorney  for  this  county,  and  of 
City  Attornev  for  this  city,  and  having  heretofore  been  U.  S. 
Attorney,  I  presume  other  testimonials  of  professional  standing 
will  be  unnecessary. 

JAMES  E.  DALIBA. 


MICIITGAN. 


205 


\.LL,  Cashier. 


E.  DALIBA. 


MARSHALL  — Calhoun  County. 
Bi'own  &  Patterson. 

Wm.  H.  l^uowN  (formerly  Prosecuting  Attorney). 
John  C.  I'atteuson. 

Tub  First  National  Bank,      ) 
Makshaix,  Mich.,  Juiie  5th,  1873.  \ 
S.  F.  Knkeland,  Esq.  : 

Dear  Sir.— Messrs.  Brown  «fc  Patterson  are  our  attorneys  in 
several  important  suits.  We  consider  tliom  gentlemen  well  versed 
ill  tlio  profession,  prompt,  faithful  and  reliable,  entitled  to  full  con- 
fidence for  ability  and  character  as  men  and  lawyers,  and  commend 
them  to  such  as  that  kind  of  services  are  desirable,  and  feel  confi- 
dent they  will  meet  their  wants. 

Respectfully, 

G.  L.  WRIGHT,  Cashier. 


MIDDLEVILLE 
Ilai'vey  Wright. 


Barry  County. 


MONROE  —  Monroe  County. 

John  R,  Manch. 

The  First  National  Bank  op  Monroe,  ) 
Monroe,  Mich.,  Ajiril  15,  1873.         j 
To  who)n  it  may  concern  : 

I  have  had  a  close  acquaintance  with  Mr.  John  R.  Ranch,  an 
attorney  of  this  place,  for  several  years,  and  take  pleasure  in  stating 
him  to  be  responsible  and  prompt  in  attention  to  business. 

C.  G.  JOHNSON,  Cashier. 

MT.  PLEASANT  — Isabella  County. 
Isaac  A.  Fancher, 

Mt.  Pleasant,  Mich.,  N'ov.  8,  1872. 
Ih  whom  it  may  concern : 

I  have  had  occasion  for  the  past  four  years,  while  acting  as  judge, 
to  test  the  honor  and  legal  ability  of  Is".:  ^  A.  Fancher,  attorney, 
and  can  assure  whoever  may  require  his  services  they  will  find  him 
perfectly  reliable  and  capable  of  transacting  all  business  intrusted 
to  his  care. 

Very  respectfully,  etc., 

RICHARD  HOY,  Probate  Judge. 


206 


MICHIGAN. 


•  , 


ii 


B!  . 


i*  .  » 


MUSKEGON  —  Muskegon  County. 


Smithf  Ntms  tt  IJnwln. 

Fkancis  Smith. 

F.  A.  NiMs. 

David  D.  Euwin. 

Grand  Havkn,  Mich.,  Oct.  20,  1872. 
It  givoH  mc  groat  ploasuro  to  certify  to  tlio  profcHHionul  Htui.<li„K 
of  ftlcHsrs.  Sniitli,  Nims  &  Krwin,  of  MuHki'gon,  Midiigiui.  They 
oro  j)romi)t,  reliable  and  able  members  of  the  legal  profeHsion,  iiihl 
as  such  have  tlio  entire  coiiHdence  of  botli  bench  and  bar  of  this 
State,  and  they  enjoy  a  largo  and  lucrative  practice  in  the  federal 
and  State  courts  of  western  Michigan, 

A.  II.  GIDDINGS, 

Ju(?(/e  of  Ihurteenth  Judicial  Circuit,  Michiijan. 


iffi 
ill 


NEGAUMEE  —  Marquette  County. 
John  Q.  Ad  num. 

Statk  ov  Miciiioan,  Twelfth  JirniciAL  Ciucurr  ) 
IIoiiouTON,  Houghton  Co.,  3f<trch  10,  1873.      '  f 
I,  the  uiidorHigned,  circuit  judge  of  said  circuit,  do  hereby  cer- 
tify that  John  Q.  Adams,  of   Negaumee,  in  said  circuit,  is  an 
attorney  of  the  Circuit  Court  of  said  circuit,  of  good  staiidiiii,'  as 
to  legal  attainments  and  moral  cliaracter  in  said  court,  and  that 
he  is  entitled  to  full  faith  and  credit  as  such  elsewhere. 
In  testimony  whereof,  I  hereby  subscribe, 

JAMES  O'GKADY,  Circieit  Judge. 


% 


'■'- 


NILES  — Berrien  County. 

S.  F.  KeUoffg. 

CiTizExs'  Natfoxal  Bank,       ) 
NiLKS,  Mich.,  Ueceinbcr  29,  1S72.  j 
To  whom  it  may  concern: 

From  a  personal  acquaintance  with  IT.  F,  Kellogg,  Esq.,  wc  have 
no  hesitation  in  recommending  him  as  an  attorney  well  qualitiod  to 
undertake  all  legal  business  intrusted  to  him,  lie  is  prompt  ami 
faithful  in  the  interests  of  his  clients,  is  thoroughly  responsible, 
and  this  recommendation  is  cheerfully  given. 

J.  C.  LAKIMORE,  President. 
O.  S.  ABBOTT,  Cashier. 


MWmOAN. 


207 


PENT  WATER— Ooeaaa  County. 
nice  &  Ambler. 

John  M.  Kick  (ProHccuting  Attorney). 
W*f.  E.  Amiu.kh. 

J.  M.  Itieo  aiitl  W.  E.  Ainblor  aromoml)orH  of  the  Oceana  county 
li.ir,  of  good  character  and  ntanding,  and  I  clieerfully  reconuiieud 
them  to  j)iil)lic  patronage. 

MOSES  li.  IIOrivINS,  Judf/e  Fourteenth  Circuit,  Mich. 

PONTI AC  — Oakland  Coxmty. 

Henry  M.  Look  (ex-Momljer  of  LegiHhiture  and  Prosecuting 
Attorney). 

PoNTiAC,  Mich.,  February  28,  1873. 
S.  F.  KxKELAND,  Esq.,  Albany,  N.  Y.: 

DicAK  SiK. — I  talce  great  pleasure  in  certifying  to  you  that  I  ara 
well  and  personally  acquainted  with  Hon.  Henry  M.  Look,  of  this 
place.  He  is  an  able  practitioner  at  tlic  bar,  of  over  ten  years' 
practice  ;  has  been  City  Attorney,  Member  of  the  Legislature,  and 
rrosccnting  Attorney  for  this  county.  He  is  every  way  competent, 
and  worthy  to  be  intrusted  with  any  businesa  in  the  line  of  Lis 
])rofossion.  Yours  very  truly, 

JAMES  S.  DEWEY, 
Jmlyc  of  fHixth  Judicial  Circuit,  Pontiac,  Mich. 


PORT  HURON -St.  Clair  County. 
Miles  tC  Averif' 

Cyuuh  Miles  (City  Attorney  for  Port  Huron,  late  Member  of 
Legislature). 

Port  Huron,  October  20,  1872. 
S.  F.  Knekland,  Esq.,  Albany,  JV.  Y.: 

I  take  i)lea9ure  in  recommending  Messrs.  Miles  &  Avery  as 
proiniit,  reliable  and  able  attorneys,  in  whose  hands  all  business 
will  receive  careful  attention. 

Yours  respectfully, 

WM.  T.  MITCHELL, 
Judye  Circuit  Court,  County  of  St.  Clair. 


HI 


208 


MICH  I  a  AN. 


■5 


;i    i 


SAOINAW  CITY -Saginaw  County. 
Nathan  8.  Wood  (ox-City  Attorney). 

FiUHT  National  IJank,         ) 
SAomAW,  Mich,,  January  8,  1873.  f 
To  whom  it  may  concern  • 

Wo  havo  had  occasion  to  use  Mr.  N.  S.  Wood  as  an  att..rn..y  for 
this  banlt  on  Hovcral  occasioiiH,  and  havo  found  him  woll  (|imlifK.,l 
to  undortiiko  any  legal  buHinoHs  intrusted  to  him.  Air.  W.  is  prompt 
and  iuithlul  intho  intorosth  of  his  cliontN,  and  this  tostin.nnial  i. 
very  chooifully  accorded. 

SMITH  TALMEIi,  .Uxt.  Vnshkr. 

ST.  CLAIR  — St.  Clair  County. 

J.    Ward  Hill  (fonnerly  City  Attorney  and  AHsistant  rnited 
States  Attorney). 

STURGIS-St.  Joseph  County. 

Talcott  C.  Carpenter  (Prosecuting  Attorney). 

Offick  op  T.  C.  Caki'entek,  Attoknet,  ) 
St.  Joseph  County,  Michigan,  ( 

Stukgis,  June  12,  1873.  ) 

S.  F.  Kneeland,  Esq.  : 

Deak  Sir.— I  will  give  you  as  references  the  following  names : 
Hon.  Charles  Upson,  late  M.  C.  and  late  Judge  of  our  Circuit 
Court,  Coldwater,  Mich. ;  Hon.  11.  W.  Melendy,  present  Circuit 
Judge,  Centreville,  Mich.;  James  Herbert,  Merchant,  Sturgis,  Mich. 

Very  respectfully, 

T.  C.  CARPENTER. 


St.  Joseph  County. 


THREE  RIVERS 

tfas,  II,  Lyon. 

First  National  B  \  .vk  ov  Three  Rivers,  ) 
Mich.,  A;>y.  i?,  1872.  f 

To  whom  it  may  concern : 

We  have  had  occasion  to  use  Jas.  li.  L^  on  as  an  attorney  for 
this  bank  on  several  occasions,  and  have  found  him  well  qualified 
to  undertake  any  legal  business  intrusted  to  him.  IMr.  Lyon  is 
prompt  and  faithful  in  the  interests  of  his  clients,  and  this  testimo- 
nial is  very  cheerfully  accorded. 

C.  L.  BLOOD,   Cashier. 


MICH  10  AN. 


209 


AsKt.  Vnshkr. 


b.sistant  riiited 


VASSAR- Tuscola  County. 

Betlj.  W.  HKHton.  Jr.  (foiniorly  I'roHccuting  Attorney  and 

MciiibiT  of  tho  Miclii^'iin  Logislatiiro). 

Honj.  W.  HuHton,  J.-.,  of  Va.sH.-ir,  'I'l.HcoIa  county,  is  tho  loading 
member  of  tho  bar  in  that  county,  an.l  enjoys  tlic  confidence  of  tho 
conununity  m  a  gentleman  of  character,  integrity  an.l  high  i.rofeg- 
sluuiil  Btaniling. 

.lOSIAII  TURNER,  JuJr/e  .Seventh  Circuit,  Mich. 
OwAsso,  Mich.,  Mai/  8,  1800. 

WENONA  — Bay  County. 
M.A.Dou'lftiy. 

WHITEHALL -Muskegon  County. 
A.  C.  Elswofth. 

14 


210 


MINNESOTA. 


MINNESOTA. 


r 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.    See  Deeds. 

Aliens.     See  title,  "■  RighU  of  Aliens P 

Akeest  oe  Imprisonment  for  Debt  is  prohibited,  except  i?) 
the  case  of  fraud  in  the  contraction  of  the  debt. 

Attachments.— Writs  of  attachment  will  issue  in  the  follow- 
ing cases : 

1st.  Where  the  debt  was  fraudulently  contracted ; 

2d.  Where  the  debtor  is  a  non-resident  or  foreign  corporation 
or  has  departed  from  the  State  with  the  intent  to  defraud  or 
delay  his  creditors,  or  to  avoid  the  service  of  a  summons ;  or, 

3d.  Where  he  keeps  himself  concealed  therein  with  a  like 
intent;  or, 

4th.  Has  assigned,  secreted  or  disposed  of,  or  is  about  to 
assign,  secrete  or  dispose  of  his  property  with  intent  to  delay  or 
defraud  his  creditors. 

The  writ  is  granted  on  the  usual  surety  bond,  and  affidavit 
specifying  one  or  more  of  the  above  causes. 

Bills  of  Exchange  and  Promissory  Notes.— The  indorser 
cannot  be  held  liable  on  a  note,  payable  on  demand,  without  a 
demand  is  made  within  sixty  days  from  the  date  thereof,  without 
grace,  and  the  note  duly  protested  on  default  of  payment.  In 
other  respects  the  common  law  prevails. 

Bills  of  Sale  are  valid  if  accompanied  by  delivery  or  filed  for 
record. 

Chattel  Mortgages  operate  as  valid  liens  on  personal  pro- 
perty, when  duly  recorded,  in  the  same  manner  as  real  estate 


MINNESOTA. 


211 


ibited,  except  w 


ue  in  the  follow- 


id,  and  affidavit 


ivery  or  filed  for 


mortgages,  and  filed  in  the  town  or  city  clerk's  office.     They 
should  be  renewed  every  two  years. 

Deeds  and  Mortgages.— When  deeds  or  mortgages  are  exe- 
cuted out  of  this   State,  unless  the  acknowledgment  is  taken 
before  a  commissioner  appointed  by  the  Governor  of  this  State 
for  that  pui-pose,  or  before  a  notary  public,  or  clerk  of  a  court  of 
record,  or  some  other  officer  having  a  seal  of  office,  and  the  cer- 
tificate of  acknowledgment  upon  such  deed,  with  the  seal  of  office 
of  such  officer  affixed  thereto,  there  shall  be  attached  or  appended 
to  or  indorsed  upon  such  deed  a  certificate  of  the  clerk,  or  other 
proper  officer  of  a  court  of  record,  of  the  county,  district  or  place 
Avhere^  taken,  under  the  seal  of  his  office,  that  the  person  whose 
name  is  subsci'ibed  to  the  certificate  of  acknowledgment  was,  at 
tlie  date  thereof,  such  officer  as  he  is  therein  represented  to  be ; 
that  he  is  acquainted  with  the  handwriting  of  such  person,  and 
verily  believes  the  signature  subscribed  to  the  certificate  of 
acknowledgment  is  genuine,  and  that  such  instrument  is  executed 
and  acknowledged  according  to  the  laws  of  the  State  where  exe- 
cuted. 

A  separate  acknowledgment  of  the  wife  is  not  required  if  she 
unites  with  her  husband  in  the  instrument. 

Form  of  Aclmowledgments.     See  Appendix,  Forms. 

Estates  of  Deceased  Pehsons.— Claims  must  be  presented 
witliiii  twelve  months  from  tlie  time  of  granting  letters  of  adminis- 
tration. 

Executions.     See  Judgments  and  Exemptiom. 

Exemptions  : 

IIomestead.—ThQVQ  shall  be  exempt  from  levy  under  execution 
a  hoinestead  of  not  more  than  eighty  acres  of  land,  or  a  lot  and 
dwelling-louse  thereon,  situated  in  any  incorporated  town  plat, 
city  or  village,  being  a  homestead. 

Personal  Property.— The  following  personal  property  is 
exempt  from  execution :  necessary  household  and  kitchen  "fur- 
niture to  the  value  of  $500 ;  farming  utensils  to  the  value  of 
$300 ;  stock  in  trade  to  the  value  of  $400.  (The  "  stock  in  trade  " 
has  been  held  by  the  courts  to  mean  simply  the  material  before 
It  is  manufactured.)  Also  the  wearing  apparel,  beds  and  bed- 
duig,  hooks  and  musical  instruments  used  in  the  family ;  throe 
cows,  two  swine,  one  yoke  of  oxen  and  a  horse;  or'  in  lieu 


.1 
J:' 


212 


MINNESOTA. 


\-'\ 


U    i 


thereof  a  span  of  horses  or  mules ;  twenty  sheep  and  the  products 
of  tho  same  for  one  year;  one  year's  food  for  said  stock,  and  one 
year's  provisions  and  fuel  for  debtor's  family;  one  sewing 
machine ;  the  library  and  implements  of  a  professional  man,  and 
the  tools  and  implements  of  trade  in  actual  use  by  any  mechanic 
or  laborer,  and  the  earnings  of  minor  children.  The  articles 
intended  to  be  exempt  under  the  above  provisions  shall  be  chosen 
by  the  dt'btor,  his  agent  or  legal  representative. 

The  statute  provides  that  said  property  shall  not  be  exempt 
from  attachment  for  the  purchase-money  thereof;  while  tlie 
Constitution  provides  that  a  reasonable  amount  of  property  shall 
be  exempt  from  seizure  or  sale  for  any  debt  or  liability.  Under 
this  latter  provision,  the  courts  hold  that  the  exemption  applies 
to  judgments  for  the  purchase-money. 

Impkisonment  for  Debt.    See  Arrest 

Interest  and  Usury  : 

Zegal  Jiate,  7  per  cent. 

Parties  may  agree  in  writing  for  any  rate  not  exceeding  twelve 
per  cent. 

Usuri/  only  applies  to  the  excess. 

Judgments  are  liens  on  all  of  the  real  estate  of  the  debtor  in 
the  county  where  docketed.  The  lien  continues  ten  years, 
and  covers  all  the  real  estate  acquired  by  the  debtor  in  said 
county  during  that  time.  An  execution  is  a  lien  only  upon  the 
property  levied  under  it. 

Limitation  of  Actions  : 

Six  Years— .Actions  upon  contracts  and  liabilities  created  by 
statute  other  than  a  penalty  or  forfeiture,  for  trespass  on  real 
property,  for  taking  or  irjuring  personal  property,  for  specific 
recovery  of  personal  property,  and  for  relief  on  the  ground  of  fraud. 

Te7i  Tears.— Actions  on  judgments  and  mortgages  . 

Twenty  Tears.— Actions  for  the  recovery  of  real  estate. 

Married  Women  retain  their  separate  property  in  their  own 
right,  and  may  contract,  sue  and  be  sued  in  their  own  names  as 
fully  as  if  single,  except  that  they  cannot  convey  their  real  estate 
without  the  husband's  consent. 

Promissory  Notes.     See  Bills  of  Exchange. 

Wills  require  two  witnesses,  who  must  sign  in  the  presence 
of  the  testator. 


MINNESOTA. 


213 


MINNESOTA. 


ALBERT  LEA— Freeborn  County. 
Asahel  G.  Wedge. 

I  hereby  certify  that  I  am  acquainted  with  A.  G.  Wedge,  Esq., 
of  Albert  Lea,  Freeborn  county,  Minnesota,  and  have  known  him 
for  the  past  three  years,  and  I  take  pleasure  in  recommending  him 
as  a  prompt,  reliable  and  efficient  lawyer. 

[u  s.]  GILBERT  GULBRANTSON,  Judge  of  Probate. 

Dated  Albert  Tea,  Minu,,  May  1,  1873. 

ALEXANDRIA— Douglas  County. 

Fmncls  B.  Van  Hoesen  (ex-Member  of  Legislature,  County 
Attorney  and  Clerk  of  District  Court). 

BEAVER  FALLS  —  Renville  County. 
John  M.  Dorman  (County  Attorney  for  Renville  county). 

BRECKENRIDGE  — Wilkin  County. 
Charles  B.  Falley  (County  Attorney). 

FAIRB AULT — Rice  County. 
John  H.  Case  (ex-District  Attorney  and  State  Senator). 

HASTINGS  — Dakota  County. 
Smith  tC-  Van  Sft/Ae. 

Sk(;kave  Sjirrii  (formerly  Probate  Judge). 
L.  Vax  Slyck  (ex-County  Judge). 


214 


MINNESOTA. 


'I 

m 


LAKE  CITY  — Wabasha  County. 

Wood  &  Wells. 

The  First  National  Bank  of  Lakb  City,  ) 
Lake  City,  Minn.,  March  4,  1873.         j 

"We  are  personally  acquainted  with  Messrs.  Wood  &  Wells,  attor- 
neys of  this  city,  and  cheerfully  recommend  them  as  well  qualified 
to  transact  any  business  that  may  be  intrusted  to  them  in  their 
profession. 

L.  H.  GARRARD,  President. 

G.  F.  BENSON,  Vice-PrcsicUnt. 

L.  S.  VAN  VLIET,  Cashier. 

LITCHFIELD  — Meeker  County. 

Ahner  C.  Smith  (ex-District  Court  Judge,  State  Senator  in 
Michigan  and  U.  S.  Land  Office  Register). 

MONTICELLO  — Wright  County. 
W.  C.  Fiillet'ton. 

First  National  Bank,  St,  Anthony,  Minn. 
We  have  had  occasion  to  use  "W.  C.  Fullerton  as  an  attorney  for 
this  bank,  and  have  found  him  qualified  and  prompt  in  doing  our 
business. 

(Signed), 

E.  K.  SMITH,  Cashier. 

NEW    ULM  — Brown  Coxrnty. 
Judas  Neivhart  (Judge  of  Probate). 
S.  F.  Kneelaxd,  Esq.,  Albany,  N.  Y.  : 

"New  Ulm,  Minn.,  Feb.  25,  ISTS. 
*  *  *■  "  In  my  own  behalf  would  say,  that  I  make  no  preten- 
sions as  an  '  advocate,'  but  aim  to  be,  and  believe  I  am,  a  fair  office 
hiwyer,  and  especially  a  good  collector.  Refer  to  R.  B.  Miller,  of 
Williams,  Miller  &  Olmstead,  Chicago  ;  Hon.  A.  J.  Edgerton, 
Comm.  of  R.  R.,  and  S.  L.  Pierce,  Esq.,  St.  Paul  ;  Hon.  Sam  Lord, 
Judge  Dist.  Court  (and  all  business  men),  Mantonville,  Minn. ; 
David  Anthony,  banker,  Kasson,  Minn,  ;  Hon.  H.  W.  Lamber- 
ton,  Winona,  Minn.;  Brown  Co.  Bank,  New  Ulm  (we  have  no 
National  Bank  here),  and  any  of  the  business  men  here  or  elsewhere 


MINNESOTA. 


215 


of  my  acquaintance.  I  might  also  state  that  since  January  Ist, 
1873,  I  hold  two  county  offices,  viz.,  that  of  'Judge  of  Probate' 
and  '  Court  Commissioner.'  " 

RED  WING  —  Goodhue  County. 
Fred.  W.  Hoyt, 

I  hereby  certify  that  F,  W.  Hoyt,  Esq.,  is  a  member  of  the 
Goodhue  county  bar,  and  an  attorney  of  good  standing. 

ROBT.  DEAKER, 
Jicdge  of  Brobate,  Goodhue  County,  Minn. 
Dated  April  16,  A.  D.  1873,  Red  Wing,  Goodhue  county,  Minn. 

ROCHESTER — Olmsted  County. 
E.  W.  Denton. 

RocHESTBE,  Minn.,  3Iay  26,  1873. 
We  regard  E.  W.  Denton,  attorney  at  law  in  this  place,  a  person 
of  business  integrity  and  a  good  collector. 

JOHN  R.  COOK,  l\est.  First  Nht.  Bh.  Rochester. 
A,  C.  SMITH,  Collector  Int.  Revenue. 

ST.  CLOUD  —  Stearns  County. 

Louis  A.  Evans  (Judge  of  Probate  Court,  ex-Clerk  District 

Court,  State  Senator  and  Representative). 

"  The  fact  that  I  am  now,  and  for  the  last  ten  years  have  been, 
Probate  Judge  of  this  county,  is,  I  presume,  a  sufficient  testimonial! 

"L.  A.  EVANS." 

ST.  PAUL  — Ramsey  County. 

John  B.  &  W.  H.  Saubot'u. 

John  B.  Sanborn  (U.  S.  Peace  Commissioner,  formerly  Adju- 
tont-General  of  Minnesota,  State  Senator  and  Representa- 
tive). 

Watler  H.  Sanborn. 
To  whom  it  may  concern  : 

I  hereby  certify  that  John  B.  &  W.  H.  Sanborn,  Esqe.,  are  attor- 
neys of  this  court,  and  of  all  the  courts  of  this  State ;  that  they 
are  engaged  in  the  regular  practice  of  their  profession  at  St, 
Paul,  ni  the  county  of  Ramsey  and  State  of  Minnesota,  and  are  in 


216 


MINNESOTA. 


[iU 


good  and  regular  standing  as  attorneys  in  said  courts ;  that  they 
are  well  qualified  to  undertake  any  legal  business  intrusted  to  their 
care,  and  are  prompt  and  faithful  in  the  interests  of  their  clients. 

I  further  ■  ertify  that  Gen.  John  B.  Sanborn,  senior  member' of 
said  firm,  was,  prior  to  the  war  of  1862,  the  senior  member  of  the 
law  firm  of  Sanborn  &  Limd,  of  St.  Paul,  Minn.,  which  was  then 
one  of  the  leading  law  firms  of  this  State ;  that  he  was  during  said 
war  State  Senator,  Adjutant-General  of  the  State  of  Minnesota  and 
Major-General  of  Volunteers  U.  S.  Army  ;  that  since  the  war,'  ho 
has  been  with  Generals  Sherman,  Harlan,  etc.,  a  member  of  the  U. 
S.  Indian  Peace  Commission,  and  that  he  is  now  a  practicing  attor- 
ney of  the  U.  S.  Supreme  Court,  and  of  the  Court  of  Claims  of  the 
District  of  Columbia. 

That  W.  H.  Sanborn,  the  junior  member  of  said  firm,  was  admit- 
ted to  the  practice  of  the  law  in  the  Supreme  Court  of  this  State 
in  January,  A.  D.  1871,  and  has  since  proved  himself  a  prompt, 
careful,  attentive  and  reliable  attorney. 

W.  ^YiMm,  Jmhje  of  District  Court 
of  the  Coicnty  of  Eamsey,  /State  of  Minnesota. 
St.  Paul,  March  5,  1873. 

Attest  :  ALBERT  ARMSTRONG, 

Clerk  of  District  Court,  Bamsey  Co.,  Minn. 
t'-  ^-3  By  Jas.  O'Bkibn,  Depy.  Clerk 

ST.  PETER— Nicollet  County. 
SaUnon  A.  Buell. 

Refers,  by  permission,  to  Hon.  F.  H.  Waite,  Judge  of  the  Sixth 
Judicial  District,  Mankato,  Minn. ;  Hon.  A.  G.  Chatfield,  Judge  of 
the  Eighth  Judicial  District,  Belle  Plaine,  Minn.  ;  Hon.  M.  G. 
Hanscome,  Judge  of  the  Ninth  Judicial  District,  St.  Peter,  Minn. 

STILLWATER  — Washington  County. 
James  N.  Castle. 

I  have  known  James  N.  Castle  intimately  for  the  past  fifteen 
years,  and  take  great  pleasure  in  certify  to  his  general  good  char- 
acter and  reliability.  He  is  a  lawyer  of  marked  legal  attainments 
and  ability. — [Ed. 

WATERVILLE  — Le  Sueur  County. 
L,  Z.  Rodgers, 


MINNESOTA. 


217 


WINNEBAGO  CIT Y  -  Fairbault  County. 
S,  J.  Abbott  (ex-District  Attorney). 

Mankato,  Minn.,  March  29,  1873. 
To  whom  it  may  concern : 

Tliis  is  to  certify  that  S.  J.  Abbott,  Esq.,  of  Winnebago  City, 
Fairbault  county,  of  this  State,  occui)ies  a  respectable  standing  as 
to  character  and  ability  as  a  member  of  the  bar  in  his  county.  lie 
is  a  young  member— I  tliink  a  few  years  more  of  experience  and 
study  will  place  him  considerably  above  the  average  members. 
Truly  yours, 

FRANKLIN  H.  WAITE,  Dist.  Judge. 


"WINONA  — Winona  County. 
Geo.  &  Wm.  Gale. 

First  National  Bank,        ) 
Winona,  Minn.,  March  1,  1873.  ) 
S.  F.  Kneeland,  Esq.,  Albany,  N.  Y.: 

Dear  Sir.— We  take  pleasure  in  recommending  Messrs.  G.  & 
W.  Gale  as  lawyers  of  character  and  ability.     We  have  found  them 
particularly  successful  in  making  mercantile  collections. 
Truly  yours, 

H.  E.  CURTIS,  First  Natl.  Bank. 


218 


MISSISSIPPI. 


iif 


i  p 


MISSISSIPPI. 


ENACTMENTS  AFFECTING  COMMERCE. 


["1 


4    * 


rtf.  f 


Acknowledgments.     See  Deeds. . 

Aliens.     See  title,  ^^liighta  of  Aliens." 

Akkest  in  Civil  Actions  and  Impbisonment  fob  Debt  are 
abolished  in  this  State. 

Attachments  are  granted  in  the  following  cases  : 

1st.  Where  the  defendant  is  a  foreign  corporation  or  non-resi- 
dent of  the  State. 

2d.  Wliore  he  has  removed,  or  is  about  to  remove,  himself  or 
bis  property  out  of  the  State. 

3d.  Where  he  absconds  or  conceals  himself  with  the  intent  to 
evade  the  service  of  summons. 

4th.  Where  he  has  property  that  he  conceals  or  unjustly  refuses 
to  apply  to  the  payments  of  his  debts. 

6th.  Where  he  has  assigned  or  disposed  of,  or  is  about  to  assign 
or  dispose  of,  his  property,  or  some  part  thereof,  with  intent  to 
defraud  his  creditors,  or  give  an  unfair  preference  to  some  of 
them. 

6th.  Where  he  has  converted,  or  is  about  to  convert,  liis  pro- 
perty into  money  or  evidence  of  debt,  with  intent  to  place  it 
beyond  the  reach  of  his  creditors. 

Tth.  Where  he  fraudulently  contracted  the  debt  or  incurred 
the  obligation  for  which  suit  has  been,  or  is  about  to  be,  brought. 

The  plaintiff  must  file  an  undertaking,  with  sufKcient  sureties 
for  double  the  amount  claimed,  together  with  an  affidavit  setting 
forth  the  nature  of  the  indebtedness,  the  amount  of  the  claim, 
and  designating  one  of  the  above  causes. 

A  nonresident  may  attach  the  property  of  a  non-resident  living 
in  this  State. 


MISSISSIPPI. 


219 


T  FOR  Debt  are 


]5iLi-8  OF  ExciiANOK  AND  Pkomisbort  Notes  aro  governed  by 
the  eoniinou  law,  except  as  modified  by  the  following  statutory 
provision : 

"  From  the  Ist  of  October,  1871,  all  promissory  notes  and  all 
otlicr  writings  for  the  payment  of  money,  or  for  the  payment  of 
iiiiy  other  thing  may  be  assigned  by  indorsement,  whether  the 
saiuu  1)0  payable  to  order  or  assigns,  or  not ;  and  the  assignee  or 
iiidursee  may  maintain  an  action  thereon  in  his  own  name,  and 
the  defendant  shall  be  allowed  the  benefit  of  all  want  of  lawful 
eou.sideration,  failure  of  consideration,  payments,  discounts  and 
set-otfs  made,  had  or  possessed  against  the  same  previous  to  notice 
of  assigmnent,  in  the  same  manner  as  if  the  suit  had  been  brought 
by  tlie  payee  or  obligee." 

Bnxs  OF  Sale  aro  not  in  use  in  this  State. 

Chattel  Mortgages  are  only  valid  against  third  parties  from 
the  date  of  registry  in  the  county  where  the  chattels  lie. 

Deeds  and  Mortgages  may  bo  acknowledged  before  any  of 
the  judges  of  the  Supreme  or  District  Courts  of  the  United 
States,  or  the  justice  of  any  Supreme  or  Superior  Court  of  any 
of  tlie  States  or  Territories ;  any  justice  of  the  peace,  whose  offi- 
cial character  shall  be  certified  to  under  the  seal  of  some  court 
of  record,  or  by  any  commissioner  appointed  by  the  Governor 
of  Mississippi. 

Acknowledgments  may  be  taken  out  of  the  United  States  by 
any  court  of  record,  the  mayor  or  chief  magistrate  of  any  city, 
borough  or  corporation ;  or  any  ambassador,  foreign  minister, 
secretary  of  legation,  or  consul  of  the  United  States. 

Tlie  acknowledgment  of  a  married  woman  must  be  taken  sepa- 
rate and  apart  from  the  husband,  and  the  certificate  must  show 
thai:  she  executed  the  same  as  her  voluntary  act,  without  any  fear 
or  compulsion  of  her  husband. 

Form  of  Achiowleilgments.     See  Appendix,  Farms. 

Deeds  must  be  recorded  in  the  county  where  the  property  is 
situated,  within  three  months  from  the  time  of  their  execution 
and  delivery,  in  order  to  bind  innocent  third  parties.  Mortgages 
take  priority  from  the  date  of  filing  for  record,  and  are  void  as 
to  tliird  parties  if  not  recorded. 

Estates  of  Deceased  Persons.— Claims  must  be  presented 


220 


Jiiississirpi. 


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in  writing,  duly  verified,  to  the  executors  or  administrators  within 
one  year  from  tlie  publication  of  the  notLo  to  creditors  by  such 
officers.  The  law  requirew  the  publication  of  such  notice  within 
two  months  from  the  time  of  their  (n.pointment.  Non-residento 
are  allowed  double  the  time  above  buitod  for  the  preseutatiun  of 
their  claims. 

Executions.    See  Judymenta. 

Exemptions  : 

Ilomentead.— On  debts  contracted  prior  to  September  Ist 
1870,  the  act  of  1857  applies,  which  gives  the  head  of  a  family,' 
being  a  householder,  a  homestead  of  IGO  acres  of  land  not 
to  exceed  in  value  $1,500;  but  as  to  liabilities  contracted 
after  that  date,  the  new  act  gives  such  householder  a  home- 
stead, not  to  exceed  eighty  acres,  which,  with  the  imi)rove- 
ments,  shall  not  exceed  $2,000  hi  value,  or  the  lot  and  buildings 
occnpied  by  such  person,  within  au  incorporated  town,  of  the 
value  of  $2,000. 

The  following  personal  property  is  exempt :  The  tools  and 
implements  of  a  mechanic,  farmer  or  laborer,  the  library  of  a 
professional  man,  not  exceeding  $250  in  value,  and  the  instru- 
ments of  surgeons  and  dentists  to  the  value  of  $250.  If  the 
debtor  is  the  head  of  a  family  or  householder,  two  work  horses 
or  mules,  two  cows  and  calves,  five  head  of  stock  hogs,  five  sheep, 
fifty  bushels  of  corn,  ten  bushels  of  wheat  or  rice,  200  pounds 
of  meat,  a  cart  or  wagon  of  the  value  of  $100,  and  necessary 
household  and  kitchen  furniture  to  the  value  of  $100. 

Imprisonment  fob  Debt  is  abolished. 

Interest  and  Usury  : 

Legal  Hate,  6  per  cent. 

Allowable  by  written  contract,  10  per  cent. 

Usury  forfeits  the  excess. 

^  Judgments.— A  judgment  is  a  lien  on  all  the  property  of  the 
judgment  debtor  in  the  county  where  the  same  is  perfected  era 
transcript  thereof  docketed.  An  execution  may  issue  at  once  if 
an  appeal  is  not  taken,  and  is  returnable  within  sixty  days. 

Judgment  liens  commence  on  the  day  of  registration  and  con- 
tinue seven  years. 


MISSISSIPPI. 


221 


Limitation  of  Actions  : 

'J7irtc'  years. — Actions  upon  accounts.  ' 

S>x  }m/'.y.— Actions  on  notes,  IjiIIh,  contracts  not  under  seal, 
ai'il  fur  tlie  recovery  of  or  dainage  to  pei-sonal  property. 

Seven  i'mm— Actions  on  judgments  and  sealed  instruments. 

Ten  //««/•«.— Actions  for  tlio  recovery  of  real  estate. 

Personal  disabilities  and  absence  from  the  State  are  exemptions 
to  tilt.'  above  limitations  during  the  i)eriod  ol  their  existence. 

Makiukd  Women  may  retain,  control  and  dispose  of  all  the 
property  owned  by  them  at  coverture  or  acquired  by  them  there- 
aftcT;  except  as  herein  limited.      The  contract  of  a  married 
woman  cannot  bo  enforced  at  law;  and  she  cannot,  even  with  the 
co-(.i)oration  of  the  husband,  encumber  her  separate  real  estate,  by 
way  of  trust-deed  or  mortgage,  for  the  purpose  of  securing  his 
debts;  but  she  may  sell  and  dispose  of  her  personal  property, 
and  by  a  joint  deed  her  real  estate,  for  her  own  benefit. 
Promissory  Notes,     ^qq  Bills  of  Exchange. 
Wills  must  be  in  writing  and  signed  by  the  testator  or  by 
some  person  in  his  presence,  and  by  his  direction.     Three  sub- 
scribing witnesses  are  requisite,  unless  the  instrument  is  wholly 
in  the  handwriting  of  the  testator. 


222 


MISSISSIPPI. 


MISSISSIPPI. 


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ABERDEEN  — Monroe  County  (and  Macon). 
Geo.  A.  Itainney  (residence,  Columbia,  MiHH.). 

Rccommondcd  to  ua  as  a  trustworthy,  prompt  and  able  Attorney. 
—[El). 

AUSTIN  — Tunica  County. 

Andretv  J,  Wllkinnou. 

Austin,  Miss.,  Jmi.  1.  1871. 

S.  F.  Knkelanp,  Esq.,  Albany,  MY.: 

Deaii  Sir. — This  is  to  certify  that  A.  J.  Wilkinson,  an  attorney 
at  Austin,  Tunica  county,  Miss.,  is  a  gentleman  of  good  staiitling 
with  the  court  and  with  the  bar  in  my  district,  in  said  State,  and 
recommend  him  as  such  to  The  Merchants'  ^'rotective  Law  Asso- 
ci.ation. 

Given  under  my  hand  and  seal  of  the  Ch.anccry  Court  at 
[l.  8.]      Austin,  in  and  for  the  county  of  Tunic.-x,  this  the  7th 
day  of  January,  1873. 

E.   STAFFORD,  ^ 

Judge  of  the  Chancery  Court  .Fifteenth  Dist.  of  Jfiss. 


11     « 


BEAUREGARD  — Copiah  County. 
X.  O.  livhlewell. 

I  cordi.ally  indorse  L.  O.  Bridewell  as  an  efficient  and  competent 
attorney  at  law  in  this  district. 

URIAH  MILLSAPS, 

Judge  Fifth  Judicial  District  of  Mississippi. 

BOONEVILLB  —  Prentiss  County. 
Wtn,  31,  Rees  (formerly  Prosecuting  Attorney). 


MISSISSIPPI. 


223 


COLUMBUS  —  Lowndes  County. 
Beverly  Matthews. 


and  able  Attorney. 


88.,  Jan.  1.  1871. 


FRIAR'S  POINT  — Coahoma  County. 
Harrison  P.  Iteid  (cx-Judgo  of  Probate  Court). 

TiiK  Dk  Soto  IJank,  ) 

Memi'iiih,  Tenn.,  Ajml '25,  187.3.  j 
W,  B.  Meekku,  Esq.,  Cashier  Jinnk  of  New  York: 

Dkak  Sii{.— We  liavo  the  i)leaHure  of  intr.  lacing  our  friend,  II. 
P.  Reiil,  EHq,,  of  Friar's  Point,  M'sh.,  who  visitH  your  city  on  busi- 
nosH,  and  we  bespeak  for  liini  your  kind  couHcHies  and  attentions, 
tiie  bestowal  of  which  will  be  duly  -ippreciated  by  him,  and 
Yours  very  truly. 

T.  H.  FARN^iWOllTlI.    Cashier. 

GREENVILLE  — Washint,ton  County. 

Chan.  W.  Clarke  (District  Attorney,  ex-Judge  of  Probato  and 

County  Courts). 

I  am  at  this  time  District  Attorney  for  five  counties,  running 
from  ^[enijihis  to  Vicksburg,  including  Tunica,  Coahoma,  Bolivar, 
Washington  and  Issaquena 

Respectfully, 

CIIAS.  W.  CLARKE. 

HAZLEHURST— Copiah  County. 

Calvlt  KohertH. 

CouuT-HousK,  CopiAii  County,  Miss.,  ) 
Junuary  7,  1873.  J 

I  beg  leave  to  refer  you  to  the  following  testimonial  from  the 
Hon.  Uriah  Mills.aps,  Presiding  Judge  of  our  Circuit  Court;  also, 
tho  testimonial  of  the  Hon,  E.  G.  Peyton,  Jr.,  Chancellor  prr-^iding 
in  tliis  Cliancery  District. 

To  all  whom  it  may  concern: 

We  take  pleasure  in  saying  that  we  have  known  Calvit  Roberts, 
Esq.,  as  a  practicing  attorney  and  counselor  at  law  for  years  in  our 


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224 


MISSISSIPPI. 


several  courts,  and  cordially  indorse  and  recommend  liim  as  emi- 
nently entitled  to  confidence  and  Hupijort. 

URIAH  MILLSAPS, 

Judge  Fifth  Judicial  District,  Miss. 

E.  G.  PEYTON,  Jr., 
Chancellor  2hentieth  District,  Miss. 


|i  1 


LA  GRANGE  — Choctaw  County. 

F.  A.  Critz. 

City  of  West  Point,  County  of  Colfax,  ) 
State  of  Mississippi,  Mb.  3,  1873.  j 

This  is  to  certify  that  F.  A.  Critz,  Esq.,  is  a  young  lawyer  of 
decided  ability,  prompt  and  attentive  to  business;  and,  either  as  a 
gentleman  or  lawyer,  h  entitled  to  public  confidence. 

J.  A.  OKU, 
Judge  of  Seventh  Judicial  District  of  Mississippi, 


MERIDIAN  — Lauderdale  County. 
BoU.  B.  llcCattkiU. 

Mekidian,  Miss.,  3firch  5,  1873. 
I,  Thomas  Cliristian,  Chancellor  of  the  Fourth  Chancery  District 
of  the  State  of  Mississippi,  in  which  district  the  city  of  Meridian  is 
situated,  do  state  that  I  am  acquainted  with  the  moral  and  profes- 
sional character  of  R.  13.  McCaskill,  Esq.,  and  I  do  hereby  certify 
that  he  is  a  gentleman  of  high  moral  and  professional  standing,  aud 
is  in  every  way  reliable. 

THOMAS  CHRISTIAN,  Chancellor. 

PALO  ALTO  — Colfax  Coxrnty. 
Wfii.  Hickman  Hill. 


STARKVILLE  —Oktibbeha  County. 
Critz  &  Critz. 

Geo.  E.  Cuitz. 
Fkank  a.  Ckitz. 

Columbus,  Miss.,  March,  1873. 
To  whom  it  may  concern : 

Goo.  E.  Critz  and  Frank  A.  Critz,  composing  the  firm  of  Critz  & 
CrJtz,  are  attorneys  at  law  practicing  in  this  circuit.    I  have  known 


mend  liim  as  emi- 


N,  Chancellor, 


3.,  March,  1873, 


MISSISSIPPI.  225 

tlicra  well  since  they  came  to  the  bar,  some  three  or  four  years  ago 
They  are  faitliful,  energetic  and  intelligent  lawyers,  and  entirely 
wortliy  of  public  confidence. 

J.  A.  ORR, 
Judge  of  the  Seventh  Judicial  District  of  Mississippi. 

SUMMIT -Pike  County. 
H.  Q.  Bridges. 

Summit,  Miss.,  February  28,  1873. 
The  biATE  op  Mississippi,  ) 

County  of  Pike,  [**••' 

I,  James  M.  Smiley,  Judge  of  the  Second  Judicial  Circuit  Court 
District  of  tlie  State  of  Mississippi,  do  hereby  certify  that  H  Q 
Bridges,  Esq.,  is  a  practicing  attorney  at  law,  and  in  good  standin.^ 
as  such  in  this  district.  ° 

Witness  my  hand  and  seal  the  28th  February,  1873. 

t'-  "-^  J.  M.  SMILEY,  Judge. 

YAZOO  CITY  — Yazoo  County. 
Ed  ward  Drenuiuff. 

I  certify  tliat  E.  Drenning,  Esq.,  a  resident  lawyer  at  Yazoo 
City,  IS  a  member  of  that  bar,  of  good  standing,  prompt  and  effi- 
cient in  the  discharge  of  all  his  professional  engagements. 

J.  J.  HOOKER,  Chancellor  of  Twelfth  Ch.  Hist.,  Miss. 

March  20,  1873. 

rr     J       .,  Canton,  Miss.,  March  15,  1873. 

10  ichom  it  may  concern, : 

I  take  much  pleasure  in  recommending  E.  Drenning,  Esq.,  of 
Yazoo  City,  as  a  lawyer  of  ability  and  respectability  ;  has  a  fair 
practice  and  is  perfectly  reliable  in  every  way,  and  a  gentleman  of 
very  high  personal  character.  Business  intrusted  to  his  care  will 
be  properly  attended  to. 

Very  respectfully, 

W.  B.  CUNNINGHAM,  Judge  Circuit  Court, 
Fourteenth  Judicial  District,  Miss. 

16 


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IS  '*    1 


226 


MISSISSIPPI. 


WEST  POINT  — Colfax  County. 

Barry  &  Brame, 

Columbus,  Miss.,  Dec.  28,  1872. 

Messrs,  Barry  &  Brame  are  practicing  lawyers  in  the  circuit  oi 
which  I  have  been  judge  for  several  years.  They  are  known  to 
me  as  gentlemen  of  ability,  energy,  industry  and  integrity,  and 
entirely  worthy  of  confidence. 

J.  A.  ORR,  Judge  Seventh  Circuit  Court, 
Judicial  District  of  Miss. 


WINONA  — Montgomery  County. 
Walter  Trotter. 

I  cordially  indorse  Mr.  Walter  Trotter  as  an  attorney  of  eminent 
merit  and  qualification,  assuring  all  whom  it  may  concern  that  liis 
professional  duties  are  always  discharged  with  industrious  zeal, 
honesty  and  fidelity. 

D.  P.  COFFEY,  Chancellor  Eleventh  Dist.,  Miss. 


WOODVILLE  — Wilkinson  County. 

Henry  S.  Van  Eaton  (ex-District  Attorney  and  Member  of 
Legislature). 


MlSSOUIil. 


2-2: 


MISSOIJBI. 


ENACTMENTS  AFFECTING  COMMEECE. 


tenth  Dist.,  Miss, 


Acknowledgments.     Sec  Deeds. 

Aliens.     See  title,  ''Rujhts  of  Aliens:' 

Akrest  in  Civil  Actions  and  imprisoninont  for  debt  are  abol- 
ished. 

Attachments.— The  plaintiff  in  any  civil  action  may,  upon 
the  filing  of  a  sufKcient  bond  of  indemnity  for  double  the  amount 
of  Iiis  claim,  secure  an  attachment  against  the  property  of  the 
judgment  debtor  or  one  or  more  of  the  judgment  debtors,  in 
either  of  the  following  cases  : 

1st.  Where  the  defendant  is  a  non-resident. 

2d.  Where  the  defendant  is  a  foreign  corporation. 

3d.  Where  the  defendant  conceals  himself  to  avoid  the  service 
of  process. 

4th.  Where  he  has  absconded  or  absented  himself,  so  that  the 
usual  process  of  law  cannot  be  ser^^ed  ujjon  him. 

5tli.  Where  he  is  about  to  remove  his  property  out  of  the  State 
with  the  intent  to  hinder,  delay  or  defraud  his  creditors. 

6th.  Where  he  is  about  to  remove  out  of  the  State  with  the 
intent  to  change  his  domicil. 

7th.  Where  he  has  fraudulently  assigned  his  property,  so  as  to 
hinder  or  delay  his  creditors. 

Sth.  Where  he  has  fraudulently  conceale'd,  removed  or  disposed 
of  his  property,  so  as  to  hinder  or  delay  his  creditors. 

9th.  Where  he  is  about  to  convey  his  property,  so  as  to  hinder 
or  delay  his  creditors. 

10th.  Where  he  is  about  fraudulently  to  conceal,  remove  or  dis. 
pose  of  his  property,  so  as  to  hinder  or  delay  his  creditors. 

11th.  Where  the  cause  of  action  accrued  out  of  the  State,  and 


228 


MISSOURI. 


'Xi  \ 


-  m 


the  debtor  has  absconded  or  secretly  removed  his  property  into 
this  State. 

12th.  Wliere  the  damages  for  which  tlie  action  is  brouglit  are 
for  injuries  arising  in  the  commission  of  some  felony  or  misde- 
meanor. 

1  "th.  Where  the  del)tor  has  failed  to  pay  the  price  of  an  article 
which  by  the  contract  he  was  bound  to  pny  on  delivery. 

l-ith.  Where  the  debt  sued  for  was  fraudulently  contracted  by 
the  debtor. 

The  attachment  will  issue  on  a  demand  before  it  becomes  due 
in  all  except  the  first  four  of  the  above  cases. 

Bills  of  Exchange  and  Promissory  Notes  are  governed  by 
the  common  law,  except  that  in  lieu  of  protest  fees  on  bills  of 
exchange,  the  following  charges  may  be  collected  from  the  drawer 
or  indorsers,  where  the  paper  is  drawn  or  negotiated  within  this 
State : 

1st.  If  drawn  on  any  person  within  the  State,  at  the  rate  of 
four  per  cent  on  the  principal  sum. 

2d.  If  on  any  person  without  the  State,  but  within  the  United 
States,  ten  per  cent, 

3d.  If  on  any  person  without  the  United  States,  at  the  rate  of 
twenty  per  cent. 

If  such  bill,  drawn  on  any  person  within  this  State,  is  accepted 
but  not  paid,  the  acceptor  is  liable  to  pay  the  holder  damages  at  the 
rate  of  four  per  cent,  if  the  bill  is  drawn  by  any  person  within 
this  State ;  and  at  the  rate  of  ten  per  cent,  if  drawn  elsewhere 
within  the  United  States. 

Bills  of  Sale  are  not  in  use. 

CuAiTEL  Mortgages  must  be  recorded  in  the  county  where 
the  mortgagor  resides,  or  the  property  delivered  to  the  mortga- 
gee, to  make  them  valid  and  binding  as  to  third  parties. 

Deeds  of  Trust  are  used  as  security  for  indebtedness ;  the  pro- 
perty is  generally  conveyed  to  a  trustee,  with  a  power  of  sale  in 
case  of  non-payment. 

Deeds  and  Mortgages  may  be  acknowledged  out  of  the  State 
before  any  commissioner  appointed  by  the  Governor  of  this  State, 
or  by  'iny  judge  of  a  court  of  record,  or  the  clerk  of  such  court, 
or  by  a  notary  public  having  a  seal.     Acknowledgments  may  be 


MISSOURL 


229 


his  property  into 


e  it  becomes  due, 


tes,  at  the  rate  of 


taken  out  of  the  United  States  by  the  mayor  or  chief  magistrate 
of  any  incorporated  city  or  town,  by  a  court  of  record,  or  a  notary 
public  having  a  seal. 

The  acknowledgment  of  a  married  woman  must  be  taken  sepa- 
rate and  apart  from  her  husband. 

Form  of  Acknowledyments.     See  Appendix,  Forma. 

All  instruments  affecting  real  estate  must  be  recorded  in  the 
county  where  the  property  is  situated,  in  order  to  protect  the 
grantee  from  innocent  third  parties  who  may  acquire  ec^uitable 
interests  therein  subsequent  to  the  grant. 

Estates  of  Deceased  Persons.— Claims  should  be  presented 
within  one  year,  to  secure  the  benefit  of  the  first  division  of  the 
estate.  U  not  presented  within  two  years,  they  will  be  forever 
l)arr(!d,  except  where  the  claimant  is  under  the  statutory  disabili- 
ties ;  then  within  two  years  from  their  removal,  the  claims  when 
jnescnted  m  writing,  duly  verified,  are  paid  in  the  following 
order :  1st.  Funeral  expenses.  2d.  Expenses  of  the  last  sick- 
ness, wages  of  servant'^  and  demands  for  medicines  and  medical 
attendance  during  the  last  illness  of  the  deceased.  3d.  Debts 
due  to  the  State  or  any  incorporated  town  or  city.  4th.  Judg- 
ments recovered  against  the  deceased  in  his  lifetime.  5th.  All 
other  demands  which  shall  legally  be  exhibited  against  the 
estate  within  one  year  after  the  granting  of  letters,  6th.  All 
demands  thus  exhibited  after  the  expiration  of  one  year,  and 
within  two  years  after  letters  granted. 

Executions.     See  Judgments  and  Fxem,ptions. 

Exemptions  : 

Homestead.— A  resident  householder,  or  head  of  a  family,  is 
entitled  to  a  homestead  of  one  hundred  and  sixty  acres  of  land, 
of  the  value  of  $1,500.  In  cities  of  forty  thousand  inhabitants 
or  over,  the  homestead  shall  not  include  more  than  eighteen 
square  rods  of  ground,  nor  exceed  in  value  $3,000.  In  smaller 
cities  the  homestead  shall  not  include  more  than  thirty  square 
rods,  nor  exceed  in  value  $1,600. 

Personal  Property/.— There  is  exempt  to  every  resident,  other 
than  the  head  of  a  family,  necessary  wearing  apparel,  and  the 
tools  and  implements  of  trade  of  any  such  mechanic  while  carry- 
ing on  his  trade. 


I,  i 


230 


MISSOURI. 


If  the  debtor  is  the  head  of  a  family,  there  shiill  also  be  exempt 
ten  liogs,  ten  Kheepand  the  product  thereof;  two  cows  and  calves- 
working  animals  to  the  value  of  $150;  family  provisions  to  the 
value  of  $100 ;  necessary  professional  books  and  implements  of  sur- 
ffei-y.  There  Is  also  specified  the  usual  household  and  agricultural 
exeu)i)tion8.  In  lieu  of  the  stock  and  working  animals,,  such 
resident  may  select  any  other  p'-operty  or  rights  in  action  to  the 
value  of  $300. 

A  defendant  ,vh..  .jut  to  abscond  or  leave  the  State  with 
the  intent  to  change  nis  domicil,  cannot  take  the  benefit  of  the 
exemptiim  law. 

Impkisc^nment  for  Debt  is  abolished. 

Interest  and  Usury  : 

Legal  Bate,  6  per  cent. 

AllowaUe  hy  written  contract^  ten  per  cent. 

Usury  forfeits  all  interest. 

Judgments.— A  judgment  is  a  lien  for  three  years  on  all  the 
real  estate  of  the  judgment  debtor  in  the  county  where  the  judg- 
ment roU  or  a  transcript  thereof  is  filed. 

An  execution  may  be  issued  thereon  at  any  time  within  ten 
years  from  the  entry  of  judgment,  and  is  a  lien  only  upon  the 
jiroperty  levied  upon  from  the  date  of  levy.  The  pratice  in  this 
State  is  similar  to  that  of  the  State  of  New  York. 

Limitation  of  Actions  : 

Two  Fm^'f.— Actions  for  slanuer  and  libel,  assault  and  bat- 
tery, false  imprisonment  and  criminal  conversation. 

Three  Fmrs.— Actions  against  sheriffs  in  their  official  capacity, 
and  for  a  statutory  penalty  or  forfeiture. 

Five  Zert;-*.— Actions  on  contracts  not  hereinafter  specified ; 
upon  a  liability  created  by  statute  other  than  a  penalty  or  forfeit- 
ure ;  for  trespass  on  real  estate ;  for  taking,  detaining  or  injuring 
personal  chattels ;  and  for  all  injuries  to  tin  person  not  hereinbe- 
fore specified ;  and  actions  for  relief  on  the  ground  of  fraud. 

Ten  Years.— K(i\\ow9>  for  the  recovery  of  lands  or  for  a  war- 
ranty or  seisin  contained  in  a  deed  ;  on  written  instruments  for  the 
payment  of  money ;  and  actions  for  relief  not  otherwise  provided 
for. 

Twenty  Fmr*.— Actions  on  judgments  of  courts  of  record. 


MISSOURI. 


281 


Married  Women. — Tlie  real  estate  of  the  wife,  together  with 
the  rents,  issues  and  profits  thereof,  is  exempt  from  attachment 
or  levy  in  proceedings  against  the  husband  on  his  individual 
indebtedness,  but  the  rents  and  profits  thereof  are  liable  for 
necessaries  furnished  to  the  family,  or  for  labor  and  materials  on 
account  of  her  separate  estate. 

The  wife  may  devise  her  real  estate,  -eserving  the  husband's 
right  of  curtesy. 

A  married  woman  cannot  conduct  business  separate  and  apart 
from  her  husband,  nor  sue  or  be  sued  on  her  individual  note  or 
account,  except  where  the  husband  fails  to  provide  for  her  sup- 
port, neglects  or  abandons  her,  or  is  confined  in  prison. 

Pkomissort  Notes.    See  Bills  of  Fochange. 

"Wills  must  be  subscribed  by  the  testator  or  by  his  direction, 
and  attested  by  at  least  two  witnesses,  signing  in  the  presence  of 
tlie  testator. 


rts  of  record. 


I 

i 


' 


I  i 


232 


MISSOURI. 


MISSOURI. 


ill 


BETHANY  — Harrison  County. 

Thomas  D.  Neal  (Member  of  Missouri  Legislature,  formerly 
Probate  Judge  and  County  Attorney). 

BOLIVAR  — Polk  County.  . 
O.  D.  Knox. 

Recommended  by  a  prominent  member  from  the  State  of  Mis- 
Bouri. — [Ed. 

BRECKENRIDGE  —  CaldweU  County. 
J.  T.  Anderson. 

Exchange  Banic  op  Brkckknridge. 
I  Lave  had  occasion  to  foi-m  the  acquaintance  of  James  T. 
Anderson,  as  an  attorney  at  law,  and  have  found  him  well  qualified 
to  attend  to  all  business  intrusted  to  him.  He  is  prompt  and 
faithful  in  the  interest  of  his  clients,  and  this  testimonial  is  very 
cheerfully  accorded. 

B.  CROOKE,  Cashier. 

BROOEFIELD  —  Linn  County. 
Charles  L.  Dobson, 

BRUNSWICK  — Chariton  County. 
JKinley  &  Kinley. 

Edward  Kinlby. 

Isaac  H.  Kixley  (formerly  City  Attorney). 
Isaac  H.  Kinley  is  an  attorney  of  Chariton  county,  entitled  to 
practice  in  all  the  courts  of  this  State,  and  I  consider  him  a  capable, 
efficient  lawyer. 

R.  A.  DE  BOLT,  Judge  Eleventh  Circuity  Missouri 
February,  1869. 


tia:j  5 


MlSSOUIil. 


233 


the  State  of  Mis- 


OKE,  Cashiet. 


cuit,  Missouri, 


..( 


BUFF ALO  —  Dallas  County. 
Benjamin  I\  3IcJIenrf/. 

Exchange  and  Collkctino  Office, 
Gkokhe  II.  Gkekm.kaf, 
Lehanon,  Laclede  county,  Mo,,  ,/uti.  14,  1873. 
To  whom  it  may  concern: 

J!.  F.  l\IcTIc;iiy,  Esq.,  is  a  practicing  attorney  in  Dallas  county. 
Mo.,  and  universally  recognized  as  prompt  and  faithful  in  the  dis- 
clmrgo  of  his  duties  to  his  clients,  and  I  regard  him  as  well  qualified 
til  undertake  legal  business  intrusted  to  his  care. 

11.  W.  FYAN,  Judge  Fourteenth  Jml  Cir.  of  Mo. 

C AHOKA  —  Clarke  County. 
Will.  IF.  Mobiiifion. 

Cahoka,  Mo.,  Dec.  16,  1872. 
This  is  to  certify  that  W.  II.  Robinson,  of  Cahoka,  Clarke  county, 
Mo.,  is  a  regular  practicing  attorney  at  law  in  the  courts  of  this 
county,  in  good  standing,  and  prompt  in  attending  to  busuiess 
intrusted  to  his  care. 

M.   J.  MORRIS, 
Ju<I(/e  Common  Pleas  Court,  Clarke  county,  Mo. 

CALHOUN— Henry  County. 

/iS'te  Waksaw. 

CHILLICOTHE  —  Livingston  County. 
John  N,  Boyd. 

CiiiLLicoTiiB,  Livingston  County,  Mo.,  ) 
June  19,  1873,  \ 

To   the   International   Merchants'  Protective   Law    Association, 
Albany,  Ni  Y. : 

Gexts.— John  N.  Boyd,  Esq.,  of  this  place,  has  requested  me  to 
drop  you  a  line  with  reference  to  his  responsibility  as  an  attorney 
at  law.  Mr.  Boyd  is  a  regularly  licensed  attorney,  and  has  been 
for  two  or  three  years.  It  is  my  opinion  that  any  business  intrusted 
to  him  will  meet  with  prompt  and  faithful  attention. 
Yours,  etc., 

JONAS  J.  CLARK,  Judge  of  the  Cir.  Courts 
for  the  Seventeenth  Ju.  Cir.  of  Mo. 


■If 


234 


MISSOURI. 


CLARKE  CITY— Cahoka  County, 
Everett  It.  lUn'tlett. 


FORSYTH -Taney  County. 
Andrew  J.  l*ruitt. 


\h  I 


FREDERICKTOWN- Madison  County. 
-B.  lieuson  Cahoon  (formerly  Circuit  and  County  Attorney), 

FUEDBBICKTOAVN,  MaDISON  CouNTY,  Mo.    ) 

December  9,  1872.  '  [ 

I  know  and  have  been  personally  acquainted  for  over  four  years 
with  n.  Benson  Cahoon,  Esq.,  attorney  and  counselor  at  law  of 
Fredericktown,  Madison  county,  Missouri,  and  I  take  great  plea- 
pure  in  saying  that  he  is  an  honest  man,  and  an  exceedingly  able, 
prompt,  reliable  and  eloquent  lawyer;  and  that  all  businesi 
intrusted  to  him  will  receive  proper  attention. 

J.  SCIIULTE, 
Presiding  Judge  of  County  Court  of  Madison  County,  Mo, 

GAYOSO  — Pemiscott  County. 

Get).   W.  Carleton  (formerly  Clerk  of  the  County  Court  and 
Register). 

HAMILTON  — Caldwell  County. 
Marcus  A.  Low. 

Recommended  cordially. 

J.  F.  SPRATT  &  CO.,  Jiatikers,  Hamilton,  Mo. 

HANNIBAL  — Marion  County. 
W,  H.  Fisher. 

Banking-house  op  J.  G.  Easton  &  Co., ) 
Hannibal,  Mo.,  Ajjril  24,  1873.  j 

To  whom  it  m,ay  concern : 

We  have  been  long  acquainted  with  W.  H.  Fisher,  Esq.,  attor- 
ney at  law,  of  this  city,  and  believe  him  to  be  Avell  qujilifiod  to 
undertake  any  legal  business  intrusted  to  his  care,  and  believe  him 
to  be  prompt  and  faithful  to  the  interests  of  his  clients. 

J.  G.  EASTON,  Cashier. 


Missouni. 


235 


Wo  cordially  indorse  the  above  testimoaial. 

WM.  A.  HUNT, 
Caahier  Savhuja  Hank  of  Hannibal,  Mo. 

JOSIAII  HUNT, 

President  Mrst  National  Bank, 


HARRISONVILLE  — Cass  County. 

Uall  tO  Glmu. 

D.  K.  Hall 
N.  31.  Given. 

Clinton,  Mo.,  April  19,  1873. 
To  the  International  3ferchanta'  Protective  Law  Association  : 

I,  Foster  P.  Wright,  Judge  of  the  Twenty-second  Judicial  Cir- 
cult  of  the  State  of  Missouri,  of  which  the  county  of  Cass  forms  a 
part,  certify  that  D.  K.  Hall  and  N.  M.  Given,  attorneys  at  law  at 
Ilarrisonvillc,  Cass  county.  Mo.,  who  compose  the  firm  of  Hall  & 
Given,  are  gentlemen  of  high  standing,  both  personally  and  pro- 
fussionally  as  lawyers. 

F.  P.  WRIGHT,  Cir.  Judge. 

HOLDEN— Johnson  County. 

Jonathan  P.  Orr, 

First  National  Bank,  ) 

Wakrensbubo,  Mo.,  May  15,  1873.  j 

To  whom  it  may  concern : 

We  have  known  Mr.  J.  P.  Orr,  attorney  at  law,  of  Holden,  John- 
son county,  Missouri,  for  several  years,  and  consider  him  an  honor- 
able, reliable,  responsible  and  trustworthy  attorney,  and  cheerfully 
boyr  this  testimony. 

A.  W.  RIDINGS,  President. 
L.  W.  JACK,  Assistant  Caahier. 


IRONTON  — Iron  County. 

Hernard  Zwart. 

I  cheerfully  recommend  Bernard  Zwart,  Esq.,  as  an  attorney  of 
good  standing  in  my  circuit,  and  as  one  who  by  his  industry,  integ- 


230 


MISSOUIil 


i|i 


n^ 


rity  nnd  promptness  to  buRinosH  htm  acqiiired  a  liigh  reputation  for 
etHciency. 

J.  II.  VAIL,  Judye  Twenty-aixth  Circuit. 
luoNTON,  I2th  March,  1873. 

JEFFERSON  CITY  —  Cole  County. 
Wtn,  It.  Hopkins  (Clerk  of  the  District  Court). 

KANSAS  CITY  — Jackson  County. 
Woodson  &  lii'yant, 

SA.MifKt,  II.  WooDHoN  (ex-Mcniber  of  Congress). 
Thomas  V.  Bryant. 
I  am  well  acquainted  with  the  above  named  parties  and  know 
them  to  bo  entirely  reliable,  competent  and  worthy. 

L.  K.  TIIACHElt, 

Prcs.  Com.  Nat.  Bank  of  Kansas  City,  Mo. 

LAMAR  —  Barton  County. 
Heuben  B,  Itohlnaon, 

LIBERTY  — Clay  County. 

John  Chri8nuin{ionnerly  Judge  of  the  County  Court  and  City 
Attorney). 

Liberty,  Mo.,  April  22,  1873. 
To  all  whom  it  may  concern : 

I  take  pleasure  in  stating  that  John  Chrisman,  of  Liberty,  Mo.,  is 
an  attorney  at  law,  in  good  standing,  and  well  qualified  to  attend 
to  any  legal  business  intrusted  to  him.  Mr.  Chrisman  is  prompt 
and  faithful  in  his  professional  engagements  and  strictly  reliable  in 
all  his  undertakings. 

PHILANDER  LUCAS, 
Judge  Fifth  Judicial  Circuit,  State  of  Missouri, 

LTNNEUS  — Linn  County. 

George  W.  Easley  (County  Attorney). 

October  11,  1872. 
S.  F.  KxEEr.AND,  Esq.,  Albany,  N.  Y.: 

George  W.  Eiisley,  Esq.,  of  Linnous,  Mo.,  has  practiced  in  the 
courts  of  the  Eleventh  Judicial  Circuit  of  Missouri  since  1865.    He 


11' 


MlSSOCIIil. 


287 


in  ;i  iinnnpt,  reliable  aiitl  officiont  attorney,  and  In  financially  respon- 
HJlik'  for  liifi  contracts. 

R.  A.  DE  liOLT, 
Judge  Elemnth  JudicUU  Circuit  of  Missouri. 

Wo  concur  \u  the  above. 

(iKO.  W.  MAIITIN,  Count,/  Clerk,  Linn  Co.,  Mo. 
E.  C.  IHiOTT,  A'/icrj^f,  Linn  Co.,  Mo. 
ir.  C.  CLARKSON,  TVeaaurer,  Linn  Co.,  Mo. 
¥.  W.  I'OWEltS,  Circuit  Clerk,  Linn  Co.,  Mo. 

LOUISIANA  —  Pike  County. 
ThonuiH  L.  Anderson,,  Jr. 

MACON  — Macon  County. 
Bar  row  ct  Shepherd. 

IJiuonT  Rauugw. 
John  Shepherd. 

Statk   of  Missouiti,  ) 
(Jaunty  of  Macon,     \ 

I,  II.  P.  Vrooman,  Judge  and  Clerk  of  Macon  County  Court  of 
Coiinuon  Pleas,  hereby  certify  that  Rarrow  ifc  Shepherd,  attorneys 
at  law,  are  honent,  faithful  and  responsible,  and  are  worthy  of  full 
faith  and  confidence  in  their  professional  duties. 

Given  under  my  hand  and  ray  official  seal,  at  ray  office  in 

[i,.  s.]     Macon,  Missouri,  on  this  the  9th  day  of  December,  1872. 

H.  D.  VROOMAN,  Judge  and  Clerk  Common  Pleas 

Court,  Macon  County,  Mo. 

I  hereby  concur  in  the  above  statement  and  recommendation. 

T.  J.  SHARP,  Treasurer  of  Maco7i  County,  Mo. 
Macon,  December  9,  1872. 


\  i 


Qtoher  11,  1872. 


238 


MISSOURI. 


MARBLE  HILL  — Bollinger  Oounty. 
SutJierlin  &  Willson, 

Philip  Sutheblin  (formerly  Clerk  of  Courts,  now  Prosecuting 

Attorney). 
James  H.  Willson. 
To  whom  it  may  concern  : 

I  hereby  certify  that  Messrs.  Sutherlin  &  Willson,  of  Marble 
Hill,  Bollinger  county,  Mo.,  are  respectable  attorneys  of  good  prac- 
tice and  standing.  Mr.  Willson  is  the  prosecuting  attorney  for 
the  State  and  county.     This  March  28th,  1873. 

WM.  CARTER, 

Judge  of  the  Twentieth  Judicial  Circuit. 

We  concur  in  the  above. 

WM.  M.  WELCH,  Judr/e  of  Probate. 
C.  D.  ROWE,  County  Court  Justice. 

MARYVILLE— Nodaway  County. 
Frederick  Snyder, 

BAjfKiNG-HousE  OP  George  S.  Baker  &  Co.,  I 
Maryville,  Mo.,  J9ecem5er  16,  1872.-         j 
Th  whom  it  may  concern  : 

We  have  occasionally  employed  Frederick  Snyder,  Esq.,  to  trans- 
act professional  business  for  us,  and  have  found  him  a  well-qualified 
and  responsible  attorney  at  law,  prompt  and  faithful  in  attending 
to  all  legal  business  intrusted  to  him. 

GEO.  S.  BAKER  &  CO. 

MEMPHIS  — Scotland  County. 
tlno.  D,  Snioot, 

MEXICO  — Audrain  County. 

James  H.  WilUanis. 

Mexico,  Mo.,  December  10,  1872. 
To  whom  it  may  concern : 

We  have  had  occasion  to  notice  James  R.  Williams  on  several 
occasions  in  the  practice  of  the  law,  and  have  found  him  well  quali- 
fied to  undertake  any  legal  business  intrusted  to  him.     Mr.  W.  is 


MISSOURI. 


239 


prompt  and  faithful  in  the  interest  of  his  clients^  and  this  testi- 
monial is  very  cheerfnlly  accorded. 

G.  B.  MACFARLANE,  Judge  of  Probate,  Audrain  Co. 


MIL  AN  —  Sullivan  Coimty. 
Northcott  &  Northcott  (P.  O.  address,  Linneus,  Mo.). 

B.  J.  Northcott  (President  of  the  Linneus  Branch  of  the 
Burlington  and  Southwestern  Railway,  and  the  U.  M  C 
R.  R.  Co.). 

b.  f.  noethcott. 

Office  op  Ciecuit  Cleek  and  Recoedee,  ) 
LiNXEus,  Mo.,  December  16,  1872.         \ 
8.  F,  Kneeland,  Esq.,  Albany,  N.  Y.: 

Deae  Sir.— Messrs.  Northcott  &  Northcott,  of  Linneus,  Mo., 
are  regularly  licensed  attorneys,  and  I  consider  them  financially 
responsible. 

Col.  B.  F.  Northcott,  their  senior  partner,  is  president  of  the 
U.  M.  C.  R.  R.  Co. 

Yours  I'espectfully, 

R.  A.  DE  BOLT, 
Judge  Eleventh  Judicial  Circuit  of  Mo. 


1  'I 


;hful  in  attending 


lAKER  &  CO. 


MONROE  CITY  — Monroe  County. 

iJ.  B,  BHstoiv, 

Rt'fors  to  Hon.  J.  B.  Wormalt,  President  Kansas  City  National 
Bank;  Hon.  J.  T.  Redd,  Judge  Circuit  Court,  Palmyra,  Mo.;  ex- 
Gov.  11.  L.  Montague,  Saludu,  Va. ;  Hon.  A.  IL  Buckner,  M.  C, 
St.  Charles,  Mo. 


ember  10,  1872. 


NEOSHO— Newton  County. 
Lewis  M.  Lloyd. 

Neosiio,  Mo.,  Jamcary  21,  1873. 
Sir.— I  hereby  take  pleasure  in  recommending  L.  M.  Lloyd,  of 
Neosho,  Newton  county,  Missouri,  as  a  safe,  efficient  and  trust- 
worthy attorney  at  law,  and  as  such  attorney  I  cheerfully  recom- 


240 


MISSOURI. 


I"  * 


mend  him  to  the  favorable  consideration  of  the  Merchants'  Protec- 
tive Law  Association. 

In  witness  whereof  I,  P.  H.  Edwards,  Judge  of  the  Court 

[l.  s.]       of  Probate  and  Common  Pleas  Court,  of  Newton  county, 

Mo.,  hereto   set  my   hand    and  affix  the  seal  of  said 

Court.     Done  at  office  this  2l8t  day  of  January.  1873. 

P.  H.  EDWARDS,  Judge. 

NEVADA  — Vernon  County. 
Claycomh  &  Gray. 

Stephen  H.  Clatcomb. 
AsHUY  Gray. 
To  all  to  whom  these  presents  shall  come : 

This  certifies  that  I  am  well  acquainted  with  Messrs.  Claycomb 
&  Gray  as  attorneys,  practicing  law  in  the  various  courts  within 
and  for  the  county  of  Vernon  and  State  of  Missouri,  and  can  cheer- 
fully testify  as  to  their  qualifications  to  undertake  and  transact  any 
business  of  a  legal  character  that  may  be  intrusted  to  them.  They 
arc  upright  and  honest  gentlemen,  and  are  faithful  to  the  interests 
of  clients,  and  prompt  and  attentive  in  the  discharge  of  their  duties 
as  attorneys. 

In  witness  whereof  I  have  hereunto  subscribed  my  immc 
[l.  s.]       and  affixed  the  seal  of  the  Probate  Court  within  and  for 
Vernon  county,  at  my  office,  this  the  3l8t  day  of  Decem- 
ber, A.  D.  1872. 

C.  B.  McAFEE,  Probate  Judge, 
within  and  for  Vernon  County,  Missouri. 

NEW  LONDON  — ■Ralls  County. 

JEli  W.  Soilthworth  (ex-Member  of  Legislature  and  County 
Attorney). 

NEW  MADRID  — New  Madrid  County. 
Hatcher  &  Hatcher. 

RoBT.  A.  Hatcher  (Member  of  Congress). 
R.  H.  Hatcher  (Clerk  of  the  County  Court  of  New  Madrid 
county). 

New  Madrid,  Mo,,  March  6,  1873. 
I  very  cheerfully  recommend  R.  A.  &  R.  H.  Hatcher,  attorneys 
of  this  place,  as  gentlemen  of  integrity,  prompt  and  reliable  iu 


!  1^ 


Merchants'  Protec- 


of  New  Madrid 


MISSOURI.  211 

their  business.  Robt.  A.  Hatcher,  Esq.,  is  a  member  of  the  Forty- 
tlur.l  Congress,  and  Rich.  H.  Hatclier  has  been  for  a  number  of 
years  past  Clerk  of  the  County  Court  of  this  county. 

B.  V.  BOYCE,  Judcfe  of  Probate 
and  Presiding  Justice  of  the  County  Court. 

PALMYRA  — Anderson  County. 
Anderson  &  Ho  ul ware. 

Rui'us  Anderson. 

Walter  M.  Boulware  (formerly  Circuit  Attorney). 

PLEASANT  HILL  -  Cass  County. 
T.  IL  Cloud. 

F.'RST  National  Bank  op  Pleasant  Hill  ) 
P;i=:asant  Hill,  Mo.,  3farch  21,  1873.  '  f 
Mr.  T  H.  Cloud  is  a  lawyer  of  this  city,  and  regarded  as  an 
honorable,  upright  gentleman.  I  have  had  but  little  opportunity 
to  know  how  successful  he  has  been  in  his  practice,  being  very 
seldom  m  court,  but  think  any  business  intrusted  to  him  will  have 
[irouipt  attention. 

GEO.  B.  HARPER, 
Cashier  First  Nat.  Bank,  Pleasant  Hill,  Mo. 

To  whom  it  may  concern : 

Wo  know  Mr.  T.  H.  Cloud  to  be  an  attorney  at  law  of  good 
stan.hng,  and  that  he  will  pay  strict  attention  to  all  legal  business 
nitrusted  to  his  care.  Mr.  Clould  is  prompt  and  faithful  in  the 
interests  of  his  clients,  and  this  testimonial  is  cheerfully  given. 

BASS  &  IRVINE,  Attys.  at  Laic. 

RA VANNO  —  Mercer  County. 
Yolney  F.  lloivley. 

r,. ,  /        .,  Princeton,  Mo.,  3Iarch  1,  1873. 

iow/io))itt  may  concern:  ',"<"• 

T!iis  is  to  certify  that  V.  F.  Rowley  is  a  practicing  attorney  iu 
my  circuit;  that  he  is  a  man  of  good  moral  character,  and  well 
qualihe.l  to  undertake  any  legal  business  that  may  be  intrusted  to 
his  care ;  that  he  is  prompt  and  faithful  in  the  interest  of  his  clients, 
llus  testimonial  is  very  cheerfully  accorded. 

jg     R.  A.  DE  BOLT,  Judye  Eleventh  Jud.  Circuit. 


242 


MISSOURI. 


ST.  JOSEPH  —  Buchanan  County. 
Doniphan  &  BaUlwin. 

John  Doniphan  (ox-Senator  of  Missouri  and  Judge  of  Com- 
mon Pleas). 
John  T.  Baldwin. 
Refer  by  permission  to  Donnell,  Lawson  &  Co.,  Bankers,  4  Wall 
Mi-eet,  New  York;  Tanner  Sa  Co.,  Bankers,  11  Wall  street,  New 
York. 

ST.  LOUIS  —  St.  Louis  County. 
Polk  &  Cansey  (No.  307  Market  street). 

TiiusTEN  PoLK  (ex-Governor  of  Missouri  and  United  States 

Senator). 
Wm.  F.  Cansey  (formerly  Assistant  Attorney-General  and 
Member  of  Legislature  in  Delaware). 
Messrs.  Polk  &  Cansey.  of  this  city,   are  able  and  eminently 
trustworthy  lawyers.     No  firm  stands  higher  professionally  than 
the  firm  of  Polk  &  Cansey. 

E.  B.  EWING,  Presiding  Judge  Circurt  Court 
of  St.  Louk  Co.,  Sup.  Court  Judge  elect. 

St.  Louis,  December  8,  1872. 


SALEM  —  Dent  County. 

Lucius  tTudson, 

Salem,  Mc,  Pec.  10,  1872. 

S.  F.  Knebland,  Esq.,  Albany,  N.  Y.: 

Dear  Sir. — I  take  pleasure  in  recommending  to  you  my  friend, 
L.  Judson,  of  Salem,  Dent  county.  Mo.,  an  attorney  of  high  pro- 
fessional standing,  of  this  place,  also  strictly  honest  and  upright  in 
all  his  transactions,  and  tends  strictly  to  his  business,  and  takes 
pJoaaure  in  attending  promptly  to  all  business  intrusted  to  him. 
Yours  respectfully, 

J.  M.  ORCHARD/ /Vo5a«e  Judge. 


0.,  Dec.  10,  1872. 


); Probate  Jud<je. 


MISSOUEL  243 

SAVANNAH  —  Andrew  County. 

Georfje  T.  Bryan  (formerly  County  Attorney,  now  Prosecutinjr 

Attorney).  ° 

Savanxait,  Mo.,  June  19,  1873, 
I  take  j)lea8ure  in  recommending  Mr.  G.  T.  Bryan  as  an  efficient 
and  reliable  attorney. 

BEN.T.  CHILDS, 
Cashier  of  Farmers'  Hank  of  Andrew  Co.,  Mo. 

SED ALIA  — Pettis  County. 
Houston  &  Bothivell. 

Fkanklij^^  IIoustox. 
J.  Hosier  Bothwell. 

m     J       u  Sedalia,  Mo.,  January  15.  1873. 

To  whom  it  may  concern:  "^      »  io<o. 

We  are  personally  acquainted  with  Messrs.  Houston  &  Bothwell 
attorneys  at  law,  of  this  city,  and  know  them  to  be  prompt  and 
reliable    and  competent  to  take  charge  of  and  transact  any  pro- 
fessiona  busmess.     We  cheerfully  recommend  them  to  members  of 
the  legal  profession,  and  to  business  men  generally. 

CHAS.  P.  TOWNSLEY,  Judge  Sixth  Ju.  Cir.  of  Mo 
ADAM  ITTEL,  Cashier  Gitizem''  NaMonal  Bank 
C.  NEWKIRK,  President  Mrst  National  Bank.  . 

SPRINGFIELD -Greene  County. 
Josepli  T.  Mice. 

I  liave  known  Mr.  Joseph  T.  Rice  for  years,  and  can  say  that  he 
13  worthy,  m  every  respect,  of  your  confidence  and  trust. 

R.  J.  McELIIANY, 
President  National  Bank,  ^irin(i/ield,  Mo. 

TRENTON -Grundy  County. 
Matthew  G.  Kennedy. 

.TROY— Lincoln  County. 
Chas.  Martin,  Jr. 

To  whom  it  may  concern  : 

I,  Gilchrist  Porter,  Judge  of  the  Third  Judicial  District  of  the 
state  ot  Missouri,  having  ample  knowledge  of  the  legal  qualifica- 


iJ! 


244 


MISSOUEI. 


X 


j 


tioiis  of  Chas.  Martin,  Jr.,  of  Lincoln  county.  Mo.,  do  hereby 
recommend  him  aa  fully  competent  to  undertake  any  legal  business 
intrusted  to  him,  and  prompt  and  faithful  in  the  interests  of  his 

clients. 

G.  PORTER, /i«/^e. 
Ci.ABKsviLLE,  December  14,  1872. 

TUSCUMBIA  — MiUer  County. 
Thos.  Scott  (ex-Member  of  Legislature). 

NA-noNAL  Exchange  Bank,  j 

City  of  Jbffkbson,  Mo.,  Dec.  17, 1872. ) 

To  iohom  it  may  concern : 

We  take  pleasure  in  stating  that  Thomas  Scott,  Esq.,  of  Tiiscum- 
bia,  Miller  county,  Mo.,  is  a  prompt  and  efficient  attorney,  and 
ever  faithful  to  the  interest  of  his  clients. 

P.  T.  MILLER,  Cashier. 


WARRENSBTJRG— Johnson  County. 

W.  W.  Wood. 

First  NATiaNAi  Bank,  ) 

Warbensbitbg,  Mo.,  March  4,  1873.  ( 

This  is  to  certify  that  we,  the  undersigned  officers  of  the  First 
National  liank  of  Warrensburg,  Mo.,  are  personally  acquainted 
Avitli  W.  W.  Wood,  Esq.,  attorney  at  law,  and  cheerfully  recom- 
mend him  to  the  International  Merchants'  Protective  Law  Associa- 
tion as  an  attorney  in  good  professional  standing,  and  well  qualified 
to  undertake  any  legal  business  intrusted  to  him. 

A.  W.  RIDINGS,  President. 

JAMES  WARD,  Gmhier. 

L,  W.  JACK,  Asst.  Ciishier. 


WAKELBNTON— Warron  Cotmty. 
Charles  E.  Peers. 

WAB.S AW  —  Benton  County. 
Biehard  P.  Garrett  (P.  O.,  Sedalia,  Mo.). 
To  whom  it  may  concern : 

This  is  to  certify  that  Richard  P.  Garrett,  Esq.,  is  a  member  of 
the  Sedalia  bar  in  good  standing.     He  is  a  young  man  of  much 


MISSOUEI. 


245 


PORTER,  Judge. 


MILLER,  Cashier. 


promise  as  a  lawyer,  and  is  industrious  and  attentive  to  business, 
ami  entirely  trustworthy  in  all  business  transactions,  and  I  take 
pleasure  in  recommending  him  to  the  favorable  consideration  of 
those  wlio  may  require  his  services  or  make  his  acquaintance. 

Respectfully, 
C.  P.  TOWNSLEY,  Judge  Sixth  Jml  Circuit,  Mo. 

FiKST  Natioijal  Bank,  Sedalia,  Mo,,  ) 
Skdalia,  Mo.,  Dec.  15,  1872,  \ 

This  is  to  certify  that  Mr,  R.  P,  Garrett  is  an  attorney  in  good 
(;ta)i(liiig  in  the  courts  of  central  Missouri,  and  a  gentleman  of 
standing  in  all  the  business  and  social  relations  in  this  community, 
of  industrious  and  temperate  habits,  and  well  wortliy  the  highest 
coutiJence  of  all  good  people. 

Very  respectfully, 

A.  D,  JAJVIES,  Cashier. 
C.  NEWKIRK,  President. 


WESTON  —  Platte  County. 
Doniphan  &  Hughes. 

Joiix  Doniphan  (ex-Judge  of  Common  Pleas  and  Senator  of 
Missouri). 

Refers  to  the  banking-houses  of  Donnell,  Lawson  &  Co,,  4  Wall 
street,  New  York,  and  Tanner  &  Co.,  11  Wall  street,  New  York. 


246 


MOJVTJJ^A  TElUtllORY. 


Ml 


MONTANA   TERRITORY. 


iM 


ENACTMENTS   AFFECTING   COMMERCE. 


Acknowledgments.     See  Deeds. 

Arrest  in  Civil  Actions.  See  California.  The  grounds  of 
arrest  are  practically  siinilar, 

ArrACHMENTs  will  be  granted  where  the  cause  of  action  arose 
within  the  Territory  or  on  a  liability  for  goods  brought  therein 
and  the  freight  upon  the  same,  or  for  fare  or  passage  money  of 
persons  coming  into  this  Territory,  in  the  following  cases: 

Ist.  "When  the  debtor,  or  one  of  several  debtors,  is  a  foreign 
corporation  or  a  non-resident  of  this  Territory ;  or, 

2d.  Has  absconded  with  the  intent  to  defraud  his  creditors;  or, 

3d.  Has  left  the  county  of  his  residence  to  avoid  the  service  of 
a  summons ;  or, 

4th.  So  conceals  himself  that  a  summons  cannot  be  served 
upon  him  ;  or, 

5th.  Is  about  to  remove  his  property  or  a  part  thereof  out  of 
the  jurisdiction  of  the  court,  with  the  intent  to  defraud  bis 
creditors ;  or, 

6th.  Is  about  to  convert  his  property  or  a  part  thereof  into 
money,  for  the  purpose  of  placing  it  beyond  the  reach  of  his 
creditors;  or, 

7th.  Has  property  or  rights  in  action  which  he  conceals ;  or, 

8th.  Has  assigned,  removed  or  disposed  of,  or  is  about  to  dis- 
pose of  his  property  or  a  part  thereof,  with  the  intent  to  defraud 
his  creditors ;  or, 

9th.  Fraiidulently  contracted  the  debt  or  incurred  the  obliga- 
tion for  which  the  suit  is  about  to  be  or  has  been  brought. 

But  an  attachment  shall  not  be  granted,  on  the  ground  that  the 
debtor  is  a  foreign  corporation  or  a  non-resident  of  this  Territory, 


MONTANA  TERRITORY. 


247 


I.     The  grounds  of 


cannot  be  served 


for  any  other  claim  than  a  debtor  demand  ar!  ing  upon  contract, 
ju^'inent  or  decree.  Wlien  tlie  ground  of  the  attachment  is  that 
the  debtor  is  a  foreign  corporation  or  a  non-resident  of  this  Ter- 
ritory, the  order  of  attachment  may  Ije  issued  without  an  under- 
tiiking.  In  all  other  cases,  bonds  must  be  given  in  a  sum  double 
the  amount  of  the  creditor's  claim. 

Bills  of  Exchange  and  Promissoky  Notes  are  governed  by 
the  provisions  of  the  common  law. 

Bills  of  Sale  are  seldom  used  in  the  transfer  of  title  to  personal 

proi)orty. 

CiiArrEL  Mortgages  are  valid  and  binding  for  one  year  next 
after  tiling  for  record,  but  there  must  be  a  change  of  possession, 
unless  otherwise  specified  in  the  mortgage. 

Deeds  and  Mortgages  may  be  acknowledged  or  proved  in 
any  other  Territory  or  State,  before  a  judge  or  clerk  of  any  court 
of  record  of  the  United  States  or  of  the  State  where  executed,  or 
by  a  commissioner  for  the  Territory  of  Montana.  If  executed 
beyond  the  jurisdiction  of  the  United  States,  the  acknowledgment 
may  be  certified  to  before  a  judge  or  clerk  of  any  court  having  a 
seal,  or  by  a  notary  public  resident  therein,  or  by  a  minister,  com- 
missioner or  consul  of  the  United  States  resident  therein. 

A  niiirried  woman  must  unite  with  her  husband  in  the  convey- 
ance of  her  separate  real  estate,  and  her  acknowledgment  must  be 
separately  taken,  but  where  a  deed  is  executed  by  a.  non-resident 
grantor  or  by  a  citizen  having  a  non-resident  wife,  her  signature 
is  not  necessary. 

Conveyances  affecting  real  estate  operate  as  a  notice  to  third 
parties,  from  the  time  of  filing  for  record  wuth  the  recorder  of  the 
county  where  the  property  is  situated.  ' 

Estates  of  Deceased  Persons.— Claims  must  be  filed  within 
one  year  after  the  granting  of  letters,  except  where  the  claimant 
is  under  legal  disability,  and  in  such  cases  within  two  years  from 
its  removal. 

Executions.    See  Judgments  and  Exemptions. 
Exemptions  : 

Homestead.— (di  the  value  of  $3,000,  occupied  as  a  residence 
by  the  owner,  being  a  resident  householder. 
Personal  Pro/?eri!y.— Wearing  apparel,-private  libraries,  musi- 


m 


nil 


248 


MONTANA   TKHIiTTOli Y 


■A 


\  • 


m 
III 


ciil  iiiHtrmnciitH,  tiimily  pictiircH  und  kcopmikes;  beds  and  hcddinfr; 
and  other  liousohold  ^'oods  und  fiiniitiiro  to  the  vahio  of  !j(25(i! 
To  a  hoiisehohJer  one  hoiw,  two  cows  with  their  calveH,  two 
HtandH  of  hfOH,  lifty  domcHtic  fowJH  und  feed  tiierefor,  tof,a'tiuT 
with  faniilj  provirtiouH  and  fuel  Hiifiicient  to  maintain  the  fjMhiiv 
or  Hiich  stock  for  the  period  of  three  months.  To  a  furmer.  tiio 
farming'  tools  und  implements  in  actual  use,  two  yoke  of  oxen,  or 
in  lieu  thereof,  one  sp-nof  horses,  with  the  proper  hurnoss  for  such 
team  and  one  wa<?on.  Tools  of  u  mechanic  or  lihruries  of  proftH- 
fiional  men  to  the  value  of  $2()(».  A  skiif  or  snudl  bout  of  the 
value  of  $50,  und  the  tent,  tools  und  jn-ovisions  of  a  miner. 
Tmi'hisonmknt  kor  Duiit.     See  Arrest. 

iNTK.KKSr  AND  ITsiJKV  : 

/.('(jdl  A'die,  10  ]ier  cent. 

Parties  may  loj,'aliy  contract  for  any  rate  jier  cent. 

JrnoMKNTS  are  liens  to  the  same  extent  as  in  the  State  of  New 
York,  exce])t  that  the  lien  continues  only  two  years  from  the 
rendition  of  judgment 

LrMITATION  OF  AcTIONS  : 

(hie  Year. — Actions  on  mininff  claims. 

Three  Years. — Actions  for  the  rcMiovery  of  real  estate. 

Five  I't'^^/'-v.— Actions  on  open  accounts  and  oral  contracts. 

Ten  Fmr*.— Actions  on  written  contracts,  ])roiiii88()ry  notes 
etc.  Actions  n])on  any  liability  of  any  person  prior  t->  his  arrival 
into  this  Territory,  nuit-t  be  commenced  within  three  montliB 
after  the  same  has  accrued,  excejit  upon  a  liability  in  reference  to 
the  i)urchase  or  sale  of  any  property  bought  with  the  intention  ro 
bring  or  for  having  brought  the  same  into  the  Territory.  And 
all  claims  barred  by  the  statute  in  the  State  where  they  shall 
have  accrued  are  barred  in  this  Territory. 

MAKHiKn  Women  may  conduct  l)usines8  separate  and  ajjurt 
from  their  husbands.  Their  sejjarate  ])roperty  is  exempt  from 
all  debts  and  liabilities  of  their  husbands,  except  for  necessary 
exiHMises  of  her  family;  pro\  ided  a  schedule  of  such  property  is 
drawn  \^\)  in  writing  and  recoided  in  the  registry  otiice  of  the 
county  of  their  residence. 

I'liOMissouv  Notes,     ^ea  Bills  of  Exchange. 
Wills.— Two  witnesses  are  required,  who  must  attach  their 
names  in  the  presence  of  the  testator. 


iril 


MONTANA  TERRITORY. 


249 


MONTANA  TERraTORY. 


list  attach  their 


BOZEMAN  —  Gallatin  County. 

JoHi'itU  J,  JJavls, 

TiiK  FiUKT  Nationai,  Bank  op  Bozkmax,  ) 
iJozKMAN,  Moiit.'Ui.'i,  April  1,  1873.        ] 

To  irhoni  it  tiKiy  coneern  : 

This  ccrtificH  that  we  aro  acquainted  with  J.  J,  Daviw,  attorney 
at  l,.w,  at  tliis  place.  Wb  have  found  liim  faitliful  to  tlio  interests 
of  his  clients  ard  well  quulitied  to  undertake  any  legal  business 
iiitnisti'd  to  him. 

D.  A.  UoVWKXif^O^,  Assistant  Cashier. 

DEER  LODGE  —  Deer  Lodge  County. 

MuHHena  JtuUafd  (P.  O.  Helena,  Mont.  Ten). 

FiitsT  National  Bank,  J 

Helena,  Montana,  March  24,  1873.  j 
To  whom  it  may  concern  : 

I  take  ])leasnre  in  saying  that  Massena  Bullard,  Esq.,  resident  of 
this  tt)\vn,  is  a  trustworthy  and  reliahle  attorney,  in  whom  entire 
confidence  may  be  placed,  and  who  has  the  reputation  of  giving 
strict  and  careful  attention  to  all  business  intrusted  to  him. 

D.  C.  CORBIN,  Cashier. 

It  gives  me  pleasure  to  indorse  the  above. 

D.  S.  WADE,  Chief  Justice  of  Montana. 

HELENA  — Lewis  and  Clarke  Counties. 

OeotUfe  G.  Sffmes  (formerly  Justice  of  the  Supreme  Court  of 
Alontana  Territory). 

Fox,    Lyster    ifc  lloE,    Bankers,  ) 
Helena,  Mont.,  May  (5,  1873.      \ 
10  whoiii  it  may  concern : 

Wo  have  had  occasion  to  use  Judge  George  G.  Symes,  late 
Associate  Justice  of  tlie  Supreme  Court  of  the  Territory,  as  an 


r ''  i 


9S0 


MONTANA  TERRITORY. 


attorney  for  this  bank,  ivnd  Imvo  found  him  well  (iimlifiiMl  to  under- 
tiiko  !iuy  lt"jj[iil  busincHS  intrtistud  to  him.  Wo  havo  known  .ludiro 
Synu'H  for  ii  nuinbor  of  yi«iirs,  and  know  him  to  bo  prompt  and 
faithful  ill  the  iutereats  of  hia  cliontn  and  pecuniarily  rcMpon^iltlo, 

FOX,  LYSTER  &  UOE. 


'  f 


% 


ilif' 


^^H 

^^^B 

K 

^^B 

■ 

i 

■ii 

1 

■ 

il 

1 

H 

1 

1 

I 

MISSOULA  —  Missoula  County. 
Wm.  J.  StrpheUH  (cx-Diatrict  Attorney). 

Dkick  Ludcjk,  Mont.  Tor.,  April  20,  1873. 
2'o  ichom  it  rndi/  eoticern : 

I  am  weU  acquainted  witli  W.  J.  Stephens,  Esq.,  of  Missoula, 
Montana  Territory.  I  know  him  to  bo  an  attorney  in  active  prac- 
tice in  his  profession,  and  very  industrious  and  energetic  in  his 
calling.  I  have  never  known  hii:<  to  neglect  in  the  slightest  any 
business  intrusted  to  him.  lie  is  a  man  of  good  abilities,  and 
possessed  of  a  good  moral  character.  This  statement  is  made 
cheerfully  and  without  any  reservation. 

Yours  truly, 

imtAM  KNOWLES, 

Aaao,  Justice  of  the  Sup.  Ct.  for  Mont,  Ter. 

RADERSBURQ  — Jefferson  County. 

Albert  G.  I*.  George  (ex-Judge  Probate  Court  and  Member  of 
Legislature). 

Helena,  Mont.,  Dec.  30,  1872. 
To  tohom  it  may  concern : 

This  may  certify  that  1  am  acquainted  with  lion.  A.  G.  P. 
George,  of  Jefferson  county,  Montana,  and  although  he  docs  not 
reside  in  my  district,  yet  ho  has  practiced  in  my  court,  and  in  the 
Supreme  Court  of  the  Territory,  and  from  my  knowledge  of  him, 
derived  from  occasionally  seeing  him  in  court,  it  gives  me  pleasure 
to  say  that  he  is  a  lawyer  of  ability  and  integrity. 

DECIUS  S.  WADE,  Chief  Justice  of  Montana. 


251 


MONTANii  TEHRITORY. 

VIRGINIA  CITY  -  Madison  County. 

McMMeua  liuUatd  (V.  O.,  Ilek'na,  Montana  Territory). 

P1K8T  National  Uank,  ) 

IIklena,  Montana,  March  24,  1873.  J 
To  w/iom  it  niaij  concern : 

I  take  ploasuro  in  saying  that  MaHsona  Biillanl,  Esq.,  resident  of 
this  town,  i8  a  tnistwortliy  and  reliable  attorney,  in  whom  entire 
contidenoe  may  bo  placed,  and  who  has  the  reputation  of  giving 
strict  and  careful  attention  to  all  buHinoss  intrusted  to  him. 

D.  C.  COKIJIN,  Cashier. 
It  gives  mo  ploasuro  to  indorse  tho  above. 

D.  S.  WADE,  Chief  Justice  of  Montana. 


Si,l 


lists   J  I 
lii'l 


252 


NEBRASKA. 


NEBRASKA. 


ENACTMENTS  AFFECTING  COMMERCE. 


)  I 


Acknowledgments.     See  Deeds. 

Aliens  may  acquire,  hold,  convey,  devise  and  bequeath  pro- 
perty, both  real  and  personal,  in  the  same  manner  as  citizens. 
(See  further,  title,  ''Rights  of  Aliens:') 

Arkest  and  Imprisonment  for  Debt. — In  civil  actions  the 
defendant  may  be  arrested  before  or  after  judgment.  The  affida- 
vit and  bonds  are  similar  to  those  of  attachments.  An  order  of 
arrest  will  be  granted  for  either  of  the  following  causes  : 

IsL  Converting  property  to  defraud  creditors. 

2d.  Assigning,  removing  or  converting  property  with  a  like 
intent. 

3d.  Concealing  property. 

4th.  "Where  the  indebtedness  was  fraudulently  contracted. 

Attachments  may  be  issued  in  the  following  cases : 

Where  the  defendant  is  a  non-resident  or  foreign  coi-poration. 
(No  undertaking  need  be  filed  in  this  case.)  Where  the  defend- 
ant, or  one  of  the  defendants,  has  left  the  county  or  conceals 
himself  to  evade  service  of  summons ;  or  where  he  is  about  to 
remove,  convert  or  conceal  his  property  with  intent  to  defraud 
his  creditors ;  or  where  he  has  removed,  assigned  or  disposed  of 
his  property  with  a  like  intent ;  or  has  fraudulently  contracted 
the  debt  on  which  suit  is  brought. 

The  bond  and  affidavits  are  similar  to  those  in  New  York 
State;  the  affidavit  specifying  the  nature  and  amount  of  the 
claim,  and  the  bond  being  executed  for  double  that  amount. 

Bills  of  Exchange  and  Promissory  Notes  are  governed  in 
this  State  by  the  common  law  or  law  merchant. 


-  +"■  riiiWBailnissj 


NEBRASKA. 


253 


'  with  a  like 


Bills  of  Sale  are  not  iii  general  use. 

CnA'iTEL  Mortgages  must  be  filed  and  recorded  in  the  county 
M-here  the  property  lies.  Within  thirty  days  from  the  expira- 
tion of  each  year  the  mortgagee  must  file  a  copy  thereof,  with  a 
sworn  sta  .ment  of  the  amount  due  thereon,  and  the  extent  of 
his  interest  in  the  mortgaged  property.  The  property,  on  a 
breach  of  the  condition  in  the  mortgage,  may  be  sold  at  public- 
sale  in  the  county  where  the  property  lies ;  twenty  days'  previ- 
ous notice  being  given  of  the  time  and  place  of  sale. 

Deeds  of  Tkust  partake  of  the  nature,  either  of  chattel  or  real 
estate  mortgages,  according  to  the  nature  of  the  property. 

Deeds  and  Mortgages  may  be  acknowledged  according  to  the 
law  of  the  State  where  executed  Acknowledgment*  out  of  the 
United  States  may  be  taken  by  any  United  States  minister, 
charge  d'aft'aires,  commissioner,  commercial  agent  or  consul.  All 
acknowledgments  must  be  under  the  official  seal  of  the  officer 
taking  the  same ;  but  if  he  has  no  seal,  then  there  must  be  a  cer- 
titicate  of  the  clerk  of  a  court  of  record,  as  to  the  signature  of 
such  officer  and  his  right  to  take  acknowledgments  in  such  State. 
All  instruments  conveying  any  interest  in  real  estate  must  be 
recorded  in  the  county  where  the  property  is  situated,  and  take 
effect,  as  to  third  parties,  from  the  date  of  record.  No  seal  is 
requii-ed.  The  acknowledgment  of  the  wife  may  be  taken  the 
same  as  if  she  was  a  single  woman. 

Form  of  Acknowledgments.     See  Appendix,  Forms. 

Estates  of  Deceased  Persons. — Claims  must  be  presented 
within  eighteen  months,  although  the  time  may  be  extended  in 
the  discretion  of  the  court,  not  to  exceed  three  years  and  six 
months  in  all.  The  widow  is  entitled  to  $250  worth  of  the  per- 
sonal chattels  belonging  to  the  estate,  and  a  further  allowance  of 
$200  in  cash,  aiid  one  year's  support  for  the  family.  After  grant- 
ing such  allowance,  debts  are  paid  in  the  following  order :  First, 
funeral  expensed ;  second,  expenses  of  last  sickness  ;  third,  debts 
having  preference  by  the  laws  of  the  United  States;  fourth,  all 
other  claims. 

Executions.     See  Judgments. 


254 


NEBRASKA. 


II*  » 


Ill 


I  I 


Exemptions  : 

Homestead.— A  homestead  fonsisting  of  any  quantity  of  land 
not  exceeding  160  acres,  and  the  buildings  thereon,  to  be  selected 
by  the  owner  thereof,  and  not  included  in  any  incorporated  city 
or  village;  or,  instead  thereof,  at  the  option  of  the  owner,  a 
quantity  of  contiguous  land,  not  exceeding  two  lots,  being  within 
an  incorporated  town,  city  or  village ;  or,  in  lieu  of  the  above,  a 
lot  or  parcel  of  contiguous  land,  not  exceeding  twenty  acres, 
being  within  the  limits  of  an  incorporated  town,  city  or  village' 
and  not  being  laid  off  into  streets,  lots  or  blocks,  owned  and  occu- 
pied by  any  resident  of  the  State,  being  the  head  of  a  family, 
shall  not  be  subject  to  attachment  or  levy  so  long  as  the  same 
shall  be  occupied  by  the  debtor  as  a  homestead.  A  resident 
being  the  head  of  a  family  may,  in  lieu  of  such  homestead,  select 
$500  worth  of  personal  property. ' 

Personal  Property.— T]\q  following  personal  property  is 
exempt  to  a  resident  householder :  necessary  wearing  apparel, 
household  furniture,  agricultural  and  mechanical  implements  of 
farmers  or  mechanics,  and  the  necessary  books  and  implements 
of  a  professional  man ;  six  months'  provisions  and  fuel  for  the 
family ;  one  cow,  three  hogs,  all  pigs  under  six  months  old,  and, 
if  the  debtor  is  a  farmer,  ten  sheep  and  one  year's  product 
thereof;  one  yoke  of  oxen,  or  a  pair  of  horses  in  lieu  thereof, 
together  with  six  months'  feed  for  said  stock. 

Imprisonment  fok  Debt.    See  Arrest. 

Interest  and  Usury  : 

Legal  Rate,  10  per  cent. 

Allowable  by  written  contract,  12  per  cent. 

Usury  forfeits  all  interest. 

Judgments.— A  judgment  is  a  lien  on  all  the  real  estate  of  the 
judgment  debtor  in  the  county  where  the  judgment  is  rendered. 
A  levy  must  be  made  on  lands  of  the  defendant  in  other  counties 
in  order  to  obtain  a  lien  thereon. 

The  lien  of  a  judgment  loses  its  preference  at  the  expiration  of 
one  year  without  a  levy  under  execution  has  been  made  thereon 
during  said  year ;  and  all  judgments  become  dormant  in  five 
years  if  execution  has  not  been  sued  out. 


T-    i 


}?. 


NEBRASKA. 


255 


Limitation  of  Actions  : 

One  y^an— Actions  for  forcible  entry  and  detainer. 

Foxier  rear*.— Actions  on  parol  contracts,  or  upon  a  liability 
created  by  statute  other  than  a  penalty  or  forfeiture,  or  for 
damages  growing  out  of  a  contract,  the  consideration  of  which 
has  wholly  or  in  part  failed ;  and  actions  of  trespass  on  real  pro- 
perty or  rights  in  or  tc  personal  property. 

Fim  Zeay'5.— Actions  upon  any  agreement,  contract  or  pro- 
raise  in  writing,  and  upon  foreign  judgments. 

Ten  Years.— k(±\om  for  the  recovery  of  real  estate  and  upon 
official  bonds  and  undertakings  in  attachment,  replevin  or  injunc- 
tion. 

Married  Women  may  retain,  hold  and  convey  all  the  property, 
real  or  personal,  owned  by  them  at  marriage  or  acquired  there- 
after ;  and  they  may  carry  on  business,  sue  and  be  sued  in  their 
own  names  as  fully  and  with  the  same  liabilities  as  if  unmarried. 

Wills  are  executed  in  the  usual  manner  in  the  presence  of  two 
subscribing  witnesses. 


!"i 


'*! 


256 


NEBJ^ASKA. 


NEBRASKA. 


BEATRICE  — Oage  County. 
«7.  W,  Carter. 

Mr.  Carter  has  held  the  office  of  District  Attoi'ney,  and  is  now 
Probate  Judge. 

CRETE  — Saline  County. 

Wtn.  H.  Morris  (formerly  U.  S.  Attorney  for  Nebraska). 

State  Bank  of  Nebraska,         \ 
Crete,  Nebraska,  December  2\st,  1871.  f 

To  ichom  it  may  concern : 

Wm.  H.  Morris  is  a  gentleman  of  good  habits,  strict  integiity 
and  good  business  capacity,  and  in  my  judgment  parties  desiring 
the  services  of  an  attorney  cafauot  do  better  than  to  place  their 
interests  in  his  hands. 

H.  8.  FULLER,  Cashier. 


m 


F AIRBURY — Jefferson  County. 
John  Saxon. 

Attorney  for  St.  Joseph  and  Denver  City  li.  R.  Co. 


ss. 


THE  STATE  OF  NEBRASKA, 

Jefferson  Couni'y, 
This  is  to  certify  that  John  Saxon,  Esq.,  of  Jefferson  County, 
Nebraska,  is  an  attorney-at-law  duly  admitted  to  practice  as  such 
in  the  Courts  of  Record  of  said  State;  and  that  he  is  in  good  stand- 
ing in  his  profession.  I  further  certify  that  I  believe  him  to  be 
well  qualified  by  experience,  learning  and  ability  to  manage  all 


'■■~™K4wfTO' 


orney,  and  is  now 


LLER^  Cashier, 


JSEBRASKA.  257 

business  entrusted  to  him  in  his  profession,  and  well  worthy  of 
coufadence  as  such  attorney. 

DAN.  GAULT, 
Judge  of  the  Dist.  Court,  l8t  Judicial  Dist.,  Mbraaka. 

i  Seal.  1 

\    District  Court,     [ 
(JcffursouCo.,  Neb.) 

Attest.  JOHN  Y.  BYERS, 

Clerk  of  Dist,  Court,  Jefferson  Co.,  A'bbraska. 

GRAND  ISLAND -HaU  County. 
B.  L,  JEaslet/. 

Kefers  to  Hon.  J.  T.  Asper,  M.  C.,  Chillicothe,  Mo. 

LINCOLN— Lancaster  County. 
Groff  <e  Ames. 

Lewis  A.  Gbofp  (ex-Assistant  U.  S.  District  Attorney) 


State  Natio-nal  Bank  op  Lincoln      ) 


Lincoln,  Nebraska,  December  20th,  1872. 
To  whom  it  may  concern  : 

We  liave  had  occasion  to  employ  Messrs.  Groff  &  Ames  as  attor- 
neys  for  this  bank  on  several  occasions,  and  have  found  them  well 
quahhed  for  the  transaction  of  any  legal  business  entrusted  to 
them.  They  are  prompt  and  faithful  in  the  interests  of  their 
cUents  and  diligent  in  the  prosecution  of  heir  business,  and  we 
very  cheerfully  accord  this  testimonial. 

"Very  respectfully, 
«  ^   ^  N.  C.  BROCK, 

55AM0EL   C.    OWBN,  n   \- 

I^rMnt.  ^'^^''''^ 

NEBRASKA  CITY-Otoe  County. 
J.  F.  Kinney  &  Son. 

J.  F.  Kinney,  (ex-Judge  of  Supreme  Court  of  Iowa,  Chief  Jus- 
tice  of  Supreme  Court  of  Utah,  and  Member  of  Congress) 

liBOCKWAY  KiNNBY. 

17 


11 


258 


NEBRASKA. 


^'"1, 


OMAHA  — Douglas  County. 

C  8.  Chase  (ex-Attorney-General  of  Nebraska  and  State  Senator). 

Banking  IIousb  of  Caldwell  Hamllto}7  &  Co. 
(Established  in  1856), 

Omaha,  Neb.,  8th  April,  1873. 
S.  F.  Kneeland,  Esq.  : 

Dear  Sik. — We  know  Col.  Champion  S.  Chase,  of  this  city,  very 
well.     He  has  been  attorney  for  our  bank  for  some  time  past,  ami 
we  have  always  found  him  prompt,  capable  and  reliable,  and  there- 
fore take  pleasure  in  recommending  him. 
Very  respectfully, 

CALDWELL  HAMILTON  &  CO. 


m 


-■'i 


I  can  fully  indorse  all  that  is  said  above  as  to  Col.  Chase.  He 
has  been  a  practicing  attorney  in  the  courts  over  which  I  have  pre- 
sided for  the  past  six  years,  and  I  gladly  bear  witness  to  his  worth 
and  reliability  as  a  practicing  attorney  therein. 

Very  respectfully, 

GEO.  B.  LAKE, 

Chief  Justice,  Nebraska. 

Col.  Chase  is  a  prompt,  reliable  and  honorable  attorney.  I  com- 
mend him  to  those  who  may  require  the  services  of  an  attorney  in 

this  State. 

ELMER  S.  DUNDY, 

U.  S.  District  Judge  for  Nebraska. 


t  i 


HI 


PLEASANT  HILL  — Salina  County. 

Hastings  &  McGintie, 

George  H.  Hastings. 
Edward  E.  McGintie. 

Nebraska  City,  Neb. 
To  whom  it  may  concern: 

I  have  been  acquainted  with  Messrs.  Hastings  &  McGintie,  of 
Pleasant  Hill,  Salina  county,  Nebraska,  for  some  time;  they  having 
practiced  before  me  in  the  First  Judicial  District  of  Nebraska,  and 
I  have  ever  found  tliem  active  and  efficient  attorneys,  and  I  cheer- 
fully recommend  them  to  the  confidence  of  all. 

O.  P.  MASON, 
Judge  First  Judicial  District. 


i.  4i 


'*', 


IMLLT0J7  &  Co. 


IILTON  &  CO. 


'ustiee,  Niebraska. 


lASKA  City,  Neb. 


NEBRASKA.  269 

RED  CLOUD -Webster  County. 
John  It.  Wilcox. 

Red  Cloud,  Webster  Co.,  Neb.,  ) 

5th  May,  1873.  '  ] 

To  whom  tt  may  concern : 

This  certifies  that  J.  R.  Wilcox,  Esq.,  is  well  known  to  me  to  be 
well  qualified  to  transact  any  legal  business  that  may  be  entruste. 
to  him.    Mr.  Wilcox  is  prompt,  faithful  and  perfectly  responsible 
and  trustworthy.  ^ 

L^^^^^'J  JAMES  KIRKWOOD, 

Probate  Judge. 

RULO  —  Richardson  County 
T.C.Hoyt. 

Stone  &  Easley,  Baxkebs,  ) 

rpL     1         .,  i^ULO,NKB.,  i=ej5.  21,  1873.       i 

To  whom  it  may  concern :  >  >  o  <  o.      , 

IV^:^^7*'  "^''^••'^''  ''^''^  ^^"^^^^  ^''""'^  to  be  capable,  prompt 
and  faithful  as  an  attorney.  We  consider  him  well  qualified  to 
perform  any  legal  business  intrusted  to  him,  and  in  every  way 
worthy  of  patronage.  ^ 

STONE  &  EASLEY. 

SCHUYLER -Colfax  County. 
31.  B.  Hoxie  (formerly  District  Attorney). 

I  take  pleasure  in  certifying  that  M.  B.  Hoxie,  Esq.,  of  Schuyler. 
Co  ax  county  Nebraska,  is  a  lawyer  of  ability  and  good  standing 
at  lie  bar,  and  possesses  that  integrity  that  will  insure  the  eflicient 
and  faithful  discharge,  in  my  opinion,  of  any  business  that  may  be 
entrusted  to  him.  ^ 

December,  1872. 

L.  CROUNSE, 
Associate  Just.  Sup,  Ct.,  and  Judge  Zd  Jxtd.  Bist. 


HAi 


sno 


NEB  li  ASK  A. 


TEKAMAH— Burt  County. 

JP.  M.  Johnson. 

Four  Calhoun,  May  1,  ls73. 

Mr.  F.  M.  Johnson,  of  Tekamah,  Burt  county,  I  know  quite  well 
as  one  of  the  practicing  attorneys  of  the  district  in  which  I  lately 
presided.  I  take  great  pleasure  in  recommending  him  as  a  gentle- 
man of  undoubted  integrity,  energetic,  of  good  legal  ability,  and 
one  who  will  faithfully  discharge  any  trust  that  may  be  committed 
to  him. 

L.  CROUNSE, 
Member  of  Co?igress,  late  Justice  Supreme  Court, 

WEST  POINT  — Cuming  County. 

tT.  C.  Craivford. 

Office  op  the  First  Na^tional  Bank  op  Fremont,  ] 
Fremont,  January  3,  18*73.  ) 

7b  whom  it  may  concern : 

We  have  had  occasion  to  use  J.  C.  Crawford,  Esq.,  as  attorney 
for  this  bank  on  several  occasions,  and  have  found  him  well  quali- 
fied to  undertake  any  legal  business  entrusted  to  him.  Mr.  Craw- 
ford is  prompt  and  faithful  in  the  interest  of  his  clients,  and  this 
testimonial  is  very  cheerfully  accorded. 

E.  H.  ROGERS,  Cashier. 


if 


'•>.    . 


ITEVADA. 


261 


NEVADA. 


ENACTMENTS  AFFECTING  COMMERCE. 


GERS,  Cashier. 


Acknowledgments.     See  Deeds. 

Aliens.     See  title,  ''Eights  of  Aliens.'' 

Akkest  and  Imprisonment  fob  Debt.— An  order  of  arrest 
will  be  granted,  on  filing  the  proper  bond,  in  either  of  the  fol- 
lowing cases : 

1st.  In  actions  on  contracts  where  the  defendant  is  about  to 
leave  the  State  with  the  intent  to  defraud  his  creditors,  or  has 
removed  or  disposed  of  his  property,  or  is  about  to  remove  or 
dispose  of  the  same  with  a  like  intent. 

2d.  In  all  actions  sounding  in  tort  or  wrong. 

Tlie  undertaking  must  be  signed  by  two  resident  sureties  to 
the  amount  of  at  least  $500  in  gold. 

Attachments.— The  property  of  the  debtor  may  be  attached 
at  the  commencement  or  during  the  pendency  of  an  action,  as  a 
security  for  the  satisfaction  of  the  judgment  he  may  recover, 
where  the  plaintiff  files  a  bond  to  the  amount  of  $200  with  the 
clerk  of  the  court,  together  with  an  aflidavit  showing  that  the 
claim  is  an  actual  bona  fide  existing  debt  due  from  the  defendant 
to  the  plaintiff,  and  that  the  action  is  founded  upon  a  contract  for 
the  direct  payment  of  money  made  payable  in  this  State,  the 
Baino  not  being  secr.red  by  mortgage,  lien  or  pledge  upon  real  or 
peisoiial  property  situated  in  this  State,  or  that  defendant  has 
rendered  such  security  nugatory,  or  that  the  action  is  against  a 
non-resident. 

Bnj,8  OF  Exchange  and  Pkomissoky  Notes  are  governed  hy 
the  common  law  or  law  merchant. 

Bills  of  Sale  are  not  used ;  chattel  mortgages  take  their  place. 


269 


NEVADA. 


li    t 
It    * 


11 


!h 


lil  r 


Chaitkl  Mortoaokh  are  not  valid  without  the  mortgagee  takes 
aTul  rc'taiiis  possession  oi  the  i)roperty  mortgaged,  exeept  that,  iu 
ra  u  fh..'  nature  of  the  property  will  imt  admit  of  actual  delivery, 
p'K'h  as  growing  crops,  the  mortgage  may  he  acknowledged  and 
recorded,  which  shall  amouht  to  notice  to  third  pailies.  Fore- 
closure of  chattel  mortgages  must  ho,  by  action,  the  name  as  on 
mortgages  of  real  estate. 

Deeds  of  Tkust  are  not  in  use. 

Deeds  ayd  Moktoaoes. — Every  deed  .rinstruui  iitiu  writing 
conveying  any  interest  in  land  shall  be  acknowledged  or  proved 
and  recorded  in  the  office  of  the  recorder  in  the  county  where 
the  property  is  situated. 

If  the  acknowledgment  or  proof  is  taken  out  of  the  State  and 
within  the  United  States,  it  may  be  taken  by  any  judge  or  clerk 
of  a  court  having  a  seal,  notary  public  or  justice  of  the  peace,  or 
by  a  commissioner  appointed  by  the  Governor  of  Nevada  for  that 
purpose.  If  taken  by  a  justice  of  the  peace,  it  nmst  be  accom- 
panied by  a  certificate  of  the  clerk  of  a  court  of  record  in  the 
county  1  iving  a  seal,  showing  the  official  character  of  the  j  stice 
and  the  genuineness  of  the  signature.  If  taken  without  he 
United  States,  it  shall  be  before  some  judge  or  clerk  of  a  court 
having  a  seal,  a  notary  public  thereui,  or  by  a  minister,  commis- 
sioner or  consul  of  the  United  States. 

Form  of  Achiowledgments.     See  Appendix,  Forms. 

Estates  of  Deceased  Peksons.— Claims  must  be  presented 
to  the  executors  or  administrators  within  ten  months  after  the 
publication  of  the  notice  for  their  presentation,  if  ilie  claims  are 
due;  if  not,  within  ten  months  from  the  time  they  become  due. 

Executions.     See  Judgments  and  Exemptions. 

Exemptions  : 

Homestead.— K  homestead  of  the  value  of  $5,000,  provided 
the  same  was  not  secured  through  fraud,  and  prov'ded,  further, 
that  the  owner  -liall  execute  and  record  his  intention  to  claim 
the  property  designated  as  his  homestead. 

Personal  Property.— K  library  to  the  value  ot  $1()(\  necessary 
wearing  apparel,  household  furniture,  fuel  and  provihions  forthe 
family,  necessary  farming  utensils,  two  oxen,  horses  or  mules,  and 
two  cows,  with  one  month's  food  for  said  stock  ;  all  seed,  grain 


NEVADA. 


263 


or  vegetables  provided  for  planting  or  sowing  to  the  value  of 
$200 ;  the  tools  and  implements  of  mechanics,  the  instruments 
of  surgeons,  surveyors  or  dentists,  and  the  libraries  of  profes- 
sional men  ;  the  dwelliii.  of  a  minor  to  the  value  of  $500,  ith 
the  implements  and  appliances  for  uilning  to  the  value  of  $5oO; 
and  two  horses,  mules  or  oxen,  with  their  harness  and  one  month's 
UmxI,  where  necessary  to  be  used  by  miners,  or  with  which  cart- 
men  or  other  laborers  earn  their  livin<r ;  a  horse  and  carriage  for 
a  physician  or  clergyman,  where  requi  '1  in  their  vocations  ;  and 
a  sewing  machine,  in  actual  use,  to  the  value  of  $j.oO. 
Intekkst  and  Usuky: 
Legal  Rate,  10  per  cent. 

Parties  may  legally  stipulate,  in  writing,  for  any  rate  per  cent. 

.TuDGMKNTS.— A  judgment  is  a  lien  on  the   "cal  estate  of  the 

tndaut  in  the  county  where  entered  or  a  tran8crii)t  thereof 

tiifd.    The  lien  continues  two  years,  but  an  execution  may  issue 

at  aiij  time  within  five  years  after  the  entry  of  judgments,  and 

is  a  lien  on  all  the  property  of  i   .i  judgment  debtor  levied  on. 

Limitation  of  Actions  : 

Two  Years.— Katxom  on  oral  contracts,  on  open  accounts  for 
goods  sold,  actions  against  public  officers  for  a  breach  or  neglect  of 
their  official  duties,  upon  a  statute  for  a  penalty  of  forfeiture, 
where  the  a<-tion  is  given  to  an  individual  or  to  an  individual 
and  the  Stite,  or  ilie  penalty  or  forfeiture  is  to  the  State ;  and 
actions  for  personal  torts. 

Three  Fm?'«.— Actions  upon  a  liability  created  by  the  statu 
other  than  a  pen}.. ty  or  forfeiture;  for  trespass  upon  real  p   -- 
perty,  for  relief  on  the  ground  of  fr    id,  md  actions  in  the  natuio 
of  trespass,  trover  and  replevin. 
Four  rieam— Actions  upon  written  instruments. 
Five  Im?'*.— Actions  on  judgments  and  for  the  recovery  of 
'  md,  except  where  the  State  is  the  plaintiff, 
Tm  Years.— Actions  by  tlu    State  for  the  recovery  of  lauds. 
MarkuvD  Women,— Under  the  law  of  1867  man  led  women  can 
become  sole  traders  and  conduct  business  separate  and  aj     t  from 
their  husbands.     They  are  allowed  all  the  privileges  and  La ble  to 
all  legal  process  )>rovided  by  law  against  debtors  and  creditors, 
and  ni    -  s-e  and  be  sued  witliout  being  joined  with  their  husbands. 


S64 


NEVADA. 


Promissory  Notes.    Seo  liilh  of  Exchange. 

Wills  muy  bo  exocnted  at  the  a^'o  of  eighteen  by  both  males 
and  females.  Two  witnesses  are  required,  who  muHt  subflcriho 
their  names  in  the  prcbonco  and  by  the  request  of  the  testator. 


I^EVADA  TERRITORY. 


960 


jn  by  both  males 
0  inuHt  Biibflt-rilie 
of  the  testator. 


NEVADA   TERRITORY. 


ii 


VIRGINIA  CITY-Stovey  County. 
Wnnamti  a:-  JUjler. 

TiK.s.  ir.  Williams  (cx-Attornoy-Gcneral  of  California,  Dis- 

trict  Attorney  and  Member  of  LegiHlature). 
Davik  Bixlrr. 


NEW  HAMPSHIRE. 


NEW  HAMPSHIRE. 


ENACTMENTS  AFFECTING  COMMEECE. 


Prepared  for  this  book  by  E.  M.  Forbes,  Esq.,  Attorney  and  Counsellor-at- 
law  at  Winchester,  New  Hampshire. 


Acknowledgments.    See  Deeds. 

Aliens,  Rights  of.— An  alien  resident  in  this  State  may  take, 
purchase,  hold,  convey  or  devise  any  real  estate,  and  the  same 
may  descend  in  the  same  manner  as  if  he  was  a  native  citizen. 
The  State  I"  statute  has  discharged  any  right  or  claim  to  the 
estate  of  any  such  alien  by  escheat  or  otherwise. 

Arrest  on  Civil  Process. — No  voter,  on  town  meeting  days, 
woman  or  sheriif,  and  no  officer  or  soldier  while  attending  to  his 
military  duties,  shall  be  arrested  or  imprisoned  on  any  action 
founded  on  contract. 

No  person  shall  be  arrested  or  imprisoned  in  any  action 
founded  on  any  contract,  unless  the  debt  or  damage  claimed  shall 
exceed  thirteen  dolla'.~  and  thirty-three  cents,  exclusive  of  all 
costs. 

No  person  shall  be  arrested  on  any  writ  or  execution  founded 
on  any  contract,  unless  the  plaintiif,  or  some  pei-son  in  his  behalf, 
shall  make  an  affidavit  on  the  back  of  such  writ,  that  in  his  belief 
the  defendant  is  justly  indebted  to  him  in  a  certain  sum  exceed- 
ing thirteen  dollars  and  thirty-three  cents,  and  that  he  conceals 
his  pro])erty  so  that  no  attachment  or  levy  can  be  made,  or  that 
there  is  good  reason  to  believe  that  he  is  about  to  leave  the  State 
to  avoid  the  payment  of  his  debts. 

Bills  of  Exchange,  drafts,  orders  and  negotiable  promissory 
notes  are  payable,  Avith  three  days  of  grace  allowed,  unless  paya- 
ble on  demand,  or  otherwise  so  expressed  as  to  show  that  the 


NEW  nAMPSHIRK 


367 


and  Counsellor-at- 


parties  did  not  intend  to  allow  grace.  Any  such  paper  falling 
due  on  Sunday,  Thanksgiving,  Fast  or  Christmas  day,  on  the  4th 
of  July,  or  the  22d  of  February,  or  the  following  day,  when  either 
of  the  two  days  last  mentioned  falls  on  Sunday,  are  payable  and 
to  be  executed  on  the  day  next  preceding,  not  being  one  of  said 
(lays,  and  may  be  noted  and  protested  on  such  next  preceding 
day.  Notice  to  charge  the  indorser  or  other  collateral  party  may 
be  given  on  the  d;iy  next  following,  not  being  one  of  said  days. 

Upon  a  promissory  note  payable  on  demand,  presentment  and 
demand  of  payment  must  be  made  of  the  promissor  within  sixty 
days  from  the  date  thereof,  in  order  to  charge  an  indorser  upon 
the  same ;  and  any  demand  made  after  sixty  days  is  not  suffi- 
cient. 

Bills  of  Sale  are  as  at  common  law,  but  the  courts  look  upon 
tlieni  with  disfavor. 

Cii/  iTEL  MoKTGAGEs.     See  Mortgages  of  Personal  Property. 

Estates  of  Deceased  Persons.— No  action  can  be  sustained 
on  claims  against  the  estate  of  a  deceased  person  within  one  year 
after  the  original  grant  of  administration,  nor  unless  the  claim 
lias  ])een  exhibited  to  the  administrator  and  payment  demanded ; 
and  such  exhibition  must  be  within  two  years  after  the  original 
grant  of  administration,  unless  administration  is  suspended,  and 
then  two  years  are  allowed  exclusive  of  such  suspension. 

Estates  of  persons  deceased  may  be  represented  to  the  probate 
court  by  tiie  administrator  as  insolvent,  in  which  case  one  or 
more  commissioners,  not  exceeding  three,  shall  be  appointed  to 
examine  and  allow  the  claims  of  creditors  against  the  estate,  and 
a  tune,  not  less  than  six  mouths  or  exceeding  nine  months  from 
the  date  of  their  commission,  shall  be  prescribed  by  the  judge  for 
the  creditors  to  bring  in  and  support  their  claims.  For  good  cause 
shown,  the  judge  may  afterward  extend  this  time,  but  not  to 
exceed  in  the  whole  two  years. 

Coniniissioners  have  power  to  examine  and  adjust  all  claims 
aj,^anisl  the  estate,  subject  to  the  right  of  creditors  or  administra- 
tor to  appeal  within  thirty  days  after  the  acceptance  of  the  com- 
nns^sioners'  report  to  the  Supreme  Judicial  Court. 

Payment  of  claims  against  the  estate  is  made  in  the  foUowinc^ 
order  of  precedence : 


268 


,    NEW  HAMPSHIRE. 


wk 


■A  S 


11 


^f 


Expenses  of  administration ;  necessary  cbarges  for  the  burial 
of  the  deceased ;  the  allowance  made  by  the  judge  to  the  widow 
out  of  the  personal  estate ;  all  rates  and  taxes ;  claims  for  last  sick- 
ness ;  any  balance  remaining  in  the  administrator's  hands  to  be 
distributed  ratably  to  other  creditors,  unless  there  is  sufhcient  to 
pay  in  full. 

Exemptions  : 

Personal  Property .—Ti\^.  following  goods  and  property  are 
exempt  from  attachment  and  from  levy  upon  execution  : 

The  necessary  wearing  apparel  of  the  debtor  and  family,  com- 
fortable beds,  bedding  and  bedsteads  for  the  debtor,  his  wife  and 
children ;  household  furniture  to  the  value  of  $100 ;  the  liibles 
and  school  books  in  use  in  the  family  ;  one  cow,  and  four  tuns  of 
hay ;  one  hog  and  one  pig,  and  the  pork  of  the  same  when  slaugh- 
tered ;  books  and  library  to  the  value  of  $200 ;  tools  of  his  occu- 
pation to  the  value  of  $100 ;  provisions  and  fuel  to  the  value  of 
$50 ;  beasts  of  the  plow,  not  exceeding  a  yoke  of  oxen  or  a  horse, 
when  required  for  farming  or  other  teaming  purposes,  or  other 
actual  use  ;  six  sheep  and  the  fleeces  of  the  same ;  one  cooking 
Btove  and  furniture  belonging  to  the  same ;  the  uniform,  arms 
and  equipments  of  every  oflicer  and  private  in  the  militia ;  the 
debtor's  interest  in  one  pew  in  any  meeting-house  where  they 
usually  worship ;  the  debtor's  interest  iu  one  lot  or  right  of  burial 
in  any  cemetery,  and  one  sewing  machine  kept  for  use. 

IIomeMead. — The  wife,  widow  and  children  of  every  person 
who  is  the  owner  of  a  homestead,  or  of  any  interest  therein, 
occupied  by  them  or  either  of  them,  shall  be  entitled  to  so  much 
of  the  same  as  shall  not  exceed  in  value  $500,  as  against  the 
creditors,  grantees  and  heirs  of  such  person,  for  and  during  the 
life  of  such  wife  or  widow  and  the  minority  of  such  children. 
And  in  case  the  same  cannot  be  satisfied  out  of  said  homestead, 
the  exemption,  or  any  part  thereof,  may  be  assigned  or  set  off  in 
any  other  real  estate  in  which  the  debtor  or  deceased  person  may 
have  an  ownership,  but  not  to  exceed  the  sum  of  $500, 

Deeds  and  tiieik  Execution, — Deeds  must  be  signed  and 
seahnl  by  the  party  grantor,  attested  by  two  witnesses,  acknow- 
ledged by  the  grantor  before  a  justice  of  the  peace,  notary  public 
or  commissioner,  or  before  a  minister  or  consul  of  the  United 


NEW  HAMPSHIRE. 


260 


\ 


States  in  a  foreign  ccuntry,  and  recorded  at  length  in  the  registry 
of  deeds  in  the  county  in  which  the  lands  lie. 

Leases  of  real  estate  for  more  than  seven  years  require  to  be 
executed  with  same  formalities. 

Moi'tgages  of  real  estate  also  require  the  same. 

Form  of  Certificate  of  Aoknowledoment 
STATE  OF 

County  of 

Bate 

A.  B.  personally  appeared  and  acknowledged  the  foregoing 
instrument  to  be  his  voluntary  act  and  deed. 
Before  me,  C.  D. 

Justice  of  the  Peace. 

Mortgages  of  Personal  Property  may  be  made  to  secure  a 
debt  or  as  an  indemnity,  or  to  secure  the  fulfillment  of  any  exist- 
ing contract,  and  the  purpose  must  be  stated  specifically  in  the 
condition  of  the  mortgage. 

Each  mortgagor  and  mortgagee  are  required  to  take  and  sub- 
scribe an  affidavit  upon  the  mortgage  in  substance  as  follows, 
viz. : 

>'  We  severally  swear  that  the  foregoing  mortgage  is  made  for 
tlie  pnri)ose  of  securing  the  debt  specified  in  the  condition  thereof, 
and  for  no  other  puqjose  whatever;  and  that  said  debt  was  not 
created  for  the  purpose  of  enabling  the  mortgagor  to  execute  said 
mortgage,  but  is  a  just  debt,  honestly  due  and  owing  from  the 
mortgagor  to  the  mortgagee." 

If  t lie  mortgage  is  given  as  indemnity,  the  affidavit  must  be 
varied  8o  as  to  verify  the  validity,  truth  and  justice  of  the  liability 
or  agreement. 

Personal  property  mortgages  must  be  recorded  in  the  office  of 
town  clerk  in  the  cown  in  which  the  mortgagor  resides,  if  he 
resides  within  the  State;  if  not,  in  the  town  in  which  the  pro- 
Wiy  is  situate,  or  the  property  must  be  delivered  to  and  retained 
by  the  mortgagee. 

Imi'kisonment  for  Debt.     See  Arrest. 

iat^msi  is  six  per  cent  per  annum,  unless  a  lower  rate  is  etij}- 


270 


NEW  HAMPSHIRE. 


ulated.  Any  person  receiving  upon  any  contract  a  higher  rate 
than  six  per  cent,  forfeits  three  times  the  excess  to  the  person 
suing  therefor.  Stipulation  for  usurious  interest  does  not  i'- val- 
idate the  contract.  The  money  actually  advanced  may  be  recov- 
ered with  legal  interest. 

Judgments  are  not  a  lien  on  real  estate. 

Limitation,  g*-  Actions.— Actions  for  the  recovery  of  real  estate 
upon  mortgages,  or  the  notes  secured  thereby,  upon  judgments' 
recognizances  and  contracts  under  seal,  may  be  brought  within 
twenty  years  after  the  cause  of  action  accrued.  Actions  for  tres- 
pass to  the  person  and  for  defamatory  words  must  be  brought 
within  two  years,  and  all  other  personal  actions  within  six  years 
after  the  cause  of  action  accrued. 

All  actions  founded  on  a  penal  statute,  which  are  wholly  or  in 
part  for  the  use  of  the  prosecutor,  shall  be  brought  within  one 
year  after  the  commission  of  the  offense. 

When  there  is  a  legal  disability,  real  actions  must  be  brought 
within  five  years,  and  all  otlier  actions  in  two  years  after  the 
removal  of  such  disability. 

In^  all  personal  actions,  if  the  defendant  was  absent  and 
residing  out  of  the  State  at  the  time  the  cause  of  action  accrued,  or 
f-fterward,  the  time  of  such  absence  shall  be  excluded  in  comput- 
ing the  time  limited  for  bringing  the  action. 

Writs  of  error  may  be  sued  out  in  three  years  after  judgment. 

Scire  facias  against  indorsers  of  writs  and  bail  are  limited  to 
one  year. 

Maekied  Women  may  hold  property  to  their  sole  and  separate 
use,  provided  they  did  not  obtain  the  same  by  payment  or  pledge 
of  the  property  of  their  husband,  and  may  disposf  of  the  Bame 
by  will. 

Wills,  to  become  effectual,  must  be  proved  and  allowed  by  the 
Court  of  Probate.  To  pass  real  estate  or  personal  property,. 
or  in  any  way  affect  the  same,  they  must  be  made  by  a 
person  of  the  age  of  twenty-one  years,  of  sound  mind,  in 
writing,  signed  and  sealed  by  the  testator  or  by  some  person 
in  his  presence,  and  by  his  express  direction,  and  attested 
and  subscribed  in  the  presence  of  three  or  more  credible  wit- 
nesses, none  of  whom  should  be  a  devisee  or  legatee.    The 


NEW  HAMPSUIRE.  271 

form  of  attestation  is,  "Signed  ani  sealed  by  the  above  named 
A.  B.,  as  his  last  will  and  testament,  pud  by  ue,  m  his  presence 
and  at  his  request,  subscribed  as  witnesses." 

A  nuncupative  will,  when  the  property  exceeds  $100,  must 
be  declared  in  the  presence  of  three  witnesses,  who  are 
requested  by  the  testator  to  bear  witness  thereto  in  his  last  sick- 
ness, and  in  his  usual  dwelling,  except  >vhen  he  was  taken  sick 
away  from  home  and  died  before  his  return.  And  a  memoran- 
dum thereof  must  be  r  lade  in  writing,  within  six  days,  and  pre- 
sented for  probate  within  six  znonths  from  the  making  thereof. 


,4' ' 
i 


272 


MEW  HAMPSHIRE. 


NEW   HAMPSHIRE. 


in 


I 


FRANKLIN  — Merrimack  County. 

Daniel  Barnard  (ex-Stato  Senator  and  County  Solicitor  for 
Merrimack  county). 

Refers  to  the  Supreme  Court  judges  of  New  Hampshire. 

LANCASTER— Coos  County. 
<Jno»  G.  Cratvford  (was  State  Senator  in  the  State  of  Michigan). 

LITTLETON  —  Grr^fton  County. 
JEvarts  W.  Farr. 

MANCHESTER  —  Hillsborough  Coxmty. 
Morrison,  Stanley  &  Hiland, 

George  W.  Morrison  (was  Member  of  the  Tlurty-first  and 

Thirty-third  Congress). 
Clintox  W.  Stanley. 
Fbank  Hiland. 

NASHUA  — Hillsborough  County. 
G.  Y,  Satvyer  &  Sawyer  Junior. 

Geo.  Y.  Sawyer  (ex-Judge  of  the  Supreme  Judicial  Court 

and  Court  of  Common  Pleas,  and  Member  of  Legislature). 
Sawyer  Junior. 
We  are  personally  acquainted  with  Messrs.  Geo.  Y.  Sawyer  & 
Sawyer  Junior,  and  can  recommend  them  as  rosponsiblo  uttorneys. 
They  are  in  good  professional  standing,  and  will  faithfully  attend 
to  any  business  that  may  be  intrusted  to  ihem. 

E.  H.  SPALDING,  Prcs.  First  Nat.  Hank,  Nashua. 
J.  A.  SPALDING,  Cashier      " 
A.  McKEAN  &  CO.,  liankern,  Nashua. 
Nashua,  N.  H.,  June  1,  1873. 


If  I 


NEW  IIAMPSIITRE. 
NEWPORT -SuUivan  County. 


273 


Geo.  li.  Broivn  (formerly  UugiHter  of  Probate). 

First  Nauonal  Bank,  ) 

^  .  .,  NEwroiiT,  N.  II.,  April  17,  1873.  \ 

Tln.s  may  certify  that  Ceorge  K.  Brown,  of  this  town,  i«  ..  eoun 
solor  ..„d   ..t  orney   at   l.w  of   good   standing   and  good   mor" 
cliaracter,  and  any  business  intrusted  to  him  will  in  on.  n      •       v 
fuithlully  attended  to.  ' '"  """  opinion,  be 

F.  W.  LKWIS,  C««/«-er. 

T.  W.  GILMORE,  Presidrnt, 

ROCHESTER -StraflFord  County. 
(^Umx  K.  Sanborn  (ex-Member  of  Legislature). 

XoiavAY  Plains  Savings  Bank  v 

(Amount  oDopcsits,  .January  l,  1873  I'sSooOO.OO), 
.,      ,  .,  J^<^'^"K.sTKR,  K  II.,./«„e5,  1873.      f 

'"■!.'.  Hi.,,,:":;;:::  t :  :^r;;:;::  ^rire"-'™,-' 

tnisted  to  attend  fqithfnlK.f^         i      .  ""^  I^^o^tssion.      He  can  bo 
-.i^n,andas:;rS:;-^— -^^^ 

P.  MoDUFFEE,  IVeasnrer  K  P.  Savings  Bank. 

WINCHESTER -Cheshire  County. 

WiNciiESTKR  National  Bank       ) 
T     I        .  VViNrHESTER,  'i^ .  11.,  Anril  \1   isV'?   [ 

To  tPhom  it  may  eoncen* :  ^  '  ^^^-  ^ 

iliivc  known  Mr     F     i\f     <   ^t       e 

''■- had  oocHMon    0  ifse  L  ..       "     "''    '  °""^''''*  *^^   y^^''^'  '^"^ 
i.i.i.^iun  10  use  iinu  as  an  attorney  of  tliiq  h-mi-      t  i 

^'"""1  '""'  «-..II  qualified  for  all  business  fb.        T  ■       ''^'' 

I'.i'Hls,  an.l  I  bel  eve  Mr  PnV      ^  ''"'''''  '^'*'  ^''^  ^av  put  into  his 

i"tere;t  of  las  l„ts  ^""  ""'  ^''''"''"  ^"^  ^^^^''^^l  ^o  tho 

H.  ABBOTT,  Cashier. 


litiri 


WOLFBOROUGH- Carroll  County. 


IH 


274 


J^FW  JERSEY. 


ii   i 


NEW  JERSEY. 


ENACTMENTS  AFFECTING  COMMERCE. 


I-  i 


Acknowledgments.     See  Deeds. 
Aliens.    See  title,  ^^liiyhts  of  Aliens. ^^ 

Arrest  and  Imprisonment  for  Debt. — In  a  civil  action  on  a 
contract  the  defendant  may  be  arrested  in  either  of  the  following 
cases : 

1st.  Where  the  defendant  is  about  to  remove  any  of  his  prop- 
erty out  of  the  jurisdiction  of  the  court  with  intent  to  defraud 
his  creditors. 

2d.  Where  he  fraudulently  conceals  any  of  his  property  or 
right  of  action. 

3d.  Where  he  has  assigned,  removed  or  disposed  ot,  or  is  about 
to  assign,  remove  or  dispose  of  any  of  his  property  or  rights  of 
action  with  the  intent  to  defraud  his  creditors. 

4th.  Where  the  debtor  fraudulently  contracted  the  debt,  or 
incurred  the  obligation,  upon  which  suit  is  brought. 

A  female  cannot  be  arrested  in  a  civil  action. 

Any  debtor  under  arrest  in  a  civil  action,  as  above  provided, 
may  obtain  his  discharge  by  tiling  an  inventory,  under  oath,  of 
all  his  property,  together  with  a  surety  bond,  to  appear  bofoi'o 
and  petition  the  next  Court  of  Common  Pleas  for  the  bouctit  of 
the  insolvent  laws. 

Attachments. — An  attachment  will  Issuo  against  the  pivpovtj 
of  non-resident  and  absconding  debtor  wliere  the  cmlitor  makes 
oath  to  that  fact,  and  to  the  aniount  and  nature  of  his  claim,  au\l 
files  a  bond  of  indemnity  with  the  couvt. 

Bills  of  Exchange  and  Promissory  Notes  are  governed  by 
the  law  merchant,  or  common  law. 


vil  action  on  a 


N FAY  JERSEY.  27.5* 

JliT.LS  OF  Sale  and  Deeds  of  Tkust  are  not  in  general  use 
Chattel  mortgages  usually  take  their  place. 

CuATTKL  Mortgages,  if  not  accompanied  by  an  immediate  and 
continued  change  of  possession  of  the  things  mortgaged,  are  void 
as  to  honafide  creditors,  purcluisers,  mortgagees  or  other  persons 
nciuinng  any  subsequent  interest  therein,  without  actual  notice 
thereof,  unless  the  mortgage  is  recorded  in  the  clerk's  office  of 
tlie  county  where  the  mortgagor  resides ;  or,  if  the  mortga.^or  is 
a  non-resident,  then  in  the  county  where  the  property  is  The 
mortgage  ceases  to  be  a  valid  notice  to  third  parties  after  the 
expiration  of  one  year  from  the  time  of  tiling,  unless  within 
thn-ty  days  previous  thereto  an  affidavit,  setting  forth  the  interest 
whieli  the  mortgagee  has  in  the  property,  by  virtue  of  such  mort- 
gage, 18  made  and  annexed  to  a  copy  thereof  a^;:  filed  as  before. 
Dkeds  and  Moktgages  : 

Acknowledgment  of.—\{  the  acknowledgment   or  proof  be 
taken  out  of  the  State  and  within  the  United  States,  it  must  be 
made  before  and  certified  by  the  chief  justice,  or  an  associate  jus- 
ti<:e  ot  the  Su])reme  Court  of  the  United  States,  or  any  judo.;  or 
jnst.ee  of  the  Supreme  or  Superior  Court  of  any  of  the  States  or 
lerritones,  the  mayor  or  chief  magistrate  of  any  incon.orated 
town  or  city  under  its  corporate  seal;  or  by  the  judge  or  iustice 
ot  any  District  or  Circuit  Court,  Court  of  Comm'on  Pleas."  chan- 
cellor of  the  State,  District  or  Territory;  or  by  a  commissioner 
nppointed  by  the  Governor  of  this  State  for  that  purpose;  or  any 
othcer  authorized  by  the  laws  of  the  State  where  taken   if  the 
.ijrantor  is  a  resident  therein,  to  take  the  acknowledgment  of 
(h.e.ls  therein,  it  executed  according  to  the  laws  of  such  State: 
/  romded,  that  where  the  said  acknowledgment  or  proof  is  made 
I'ffore  any  judge  of  a  Court  of  Common  Pleas  or  other  officer 
^Xeoptas  alune  jn-ovlded  tor,  the  certlHeate  shall  be  under  the 
oft  ud  Heal  ot  sue.h  officer,  and  certified  to  under  the  seal  of  the 

c     nr'l  W        ^r"^'  "'  ^^'""'^  ^^^'"'^  ^"  *''^  ««""ty  -l^ere 
uted.    If  executed  out  of  the  United  States  it  mav  be  taken 

o^>ve  any  court  of  law,  or  mayor  or  other  chief  magistrate  of  a 

m^,  borough  or  corporatioa  of  such  foreign  State"  or  country 

0  0  executed,  certified  by  such  officer  in  their  usual  manner  of 

anthcnticatmg    .uch    instruments;    or   before   any   ambassador, 


276 


NJt:W  JERSEY 


public  ininistor,  cbarjije  d'attiiires,  conis,  1  or  vice-consul,  Bccrotary 
of  legiiti<»ii,  or   the  rcpresuutative  of  tho  United  States  at 
foreign  court. 

Eonn  of  AcknmoleiJgmenta.     See  Appendix,  Eonna. 

Record  <>f. — All  instruments,  executed  for  the  puii)08<'  of  cciii- 
veying  any  interest  in  real  estate,  shall  be  void  and  of  i,  )  eflffct 
agaiuHt  a  subsequent  judjjfnient  creditor  or  bona  fide  purclii!>tr, 
or  niort;^a,ifee  for  a  valuable  consideration,  not  hiiviu<^  notice 
thereof,  unkrtssuch  conveyance  shall  be  acknowledged,  or  proved 
and  recorded,  or  lodged  for  that  purpose  with  the  clerk  of  tlio 
Court  of  Conunou  Pleas  of  the  county  in  which  such  lands,  tene- 
ments or  heieditnments  are  situated,  within  Hfteeu  days  after  tlio 
time  of  signing,  sealing  and  delivering  the  same ;  but  such  instni- 
ment  will  nevertheless  be  valid  and  binding  as  between  the 
parties  ami  their  heirs  or  personal  rei)resentatives. 

EsTATKS  OF  Dkoeaskd  Pkksons. — Claims  must  be  presoiitud 
within  nine  months  from  the  date  of  an  order  of  the  Oi'])li;iiis' 
Court,  retpiiring  them  to  be  presented.  If  not  y)resented  witliiii 
said  nine  months  they  will  be  forever  barred,  unless  the  clainiaiit 
discovers  ]>roperty  not  before  inventoried,  or  the  estate  sluill 
jirove  sufficient  to  pay  the  same  after  satisfying  all  other  cilaiins. 
The  notice  is  required  to  be  given  by  hand-bills  and  publication 
in  two  or  jnore  public  newspa]>er8.  The  claims  should  he  jjre- 
sented  in  writing,  duly  veriiied  by  the  claimants,  and  contain  a 
full  and  complete  statement  of  the  nature  and  amount  thereof, 
together  with  the  amount  of  credits,  if  any,  made  thereon. 
Where  the  estate  is  insolvent  the  expenses  of  the  last  sickness, 
funeral  charges  and  judgment  liens  shall  have  the  preference  of 
payment  in  the  order  stated. 

Executions.     See  JiuUjments  and  ^"Jxemptions. 

Exemptions: 

Homestead. — The  house  and  lot  occupied  as  a  residence  by  any 
liouseholder,  being  the  head  of  a  family,  to  the  value  of  81,<J0i», 
is  exempt  from  execution  or  attachment,  provided  the  convey- 
ance of  the  same  to  the  debtor  designates  the  fact  that  it  is 
intended  to  be  used  and  occupied  as  a  homestead,  or  a  notice  to 
that  effect  is  executed  and  recorded  in  the  clerk's  office  of  the 
county  where  the  property  is  situated.     The  exemptiou  continucB 


J^KW  JMiliSEY. 


277 


aftur  thu  dciitli  of  such  householder  until  ^lie  voHnj,'eet  child 
becomes  of  HiMull  age  of  twonty-oue  years,  and  ui.f  the  ith 
of  the  widow,  provided  it  is  continuously  oecupiea  by  t*  ne 
iiiei.  •  .T  o\  M,e  fan.  '  is  a  humestead.  :No  release  or  waiv.  ,•  of 
Biieh  hoiiJ'         \  .,tum  Bhall  be  valid. 

Personui  mperty  of  the  value  of  $200  and  wearing  apparel 
ot  Huch  debtor  and  his  family  is  also  shielded  by  the  statute. 

Imi'kisonment  for  Deut.     See  Arrest. 

l.NTKUK'ST   AND  UsUltr  : 

lA'(jal  Rate,  7  per  cent. 

Imri/  forfeits  all  interest.  The  creditor  in  an  action  on  an 
ibuiious  contract  may  recover  the  principal  sum  luaj.ed,  less  co.ts 
of  action 

Ji  I.GMKNTH  3  a  lien  ua  all  the  real  estate  of  the  judgment 
debtor,  not  exempt  from  ex'ecutioT,  in  the  county  where  entered 
f..r  twenty  years  from  thp  date  of  entry.  By  docketing  in  thj 
bupreme  Court  the  lien  wil,  cover  all  lands  in  the  State  An 
execution  is  a  lien  on  all  the  personal  property  of  the  defendant 
h-om  the  date  of  delivery  to  the  sheriif.  Judgments  of  Justices' 
Courts  toi-  niore  than  $10  become  a  lien,  upon  docketing  the 
same  m  the  Court  of  Common  Pleas. 

LfMITATION   OF   AcTIONS  : 

Two  Years.— JAhiil  and  slander. 

Fovr  Ycars.-Actiom  upon  a  constable's  bond  and  for  per- 
sonal damages.  ^ 

S;,e  Fears.- Actiom  of  trespass  on  real  estate,  and  for  taking 
<oa,nmg,  injuring  or  converting  personal  propertv;  actions  of 
debt,  on  siniple  contracts,  for  rent,  on  account,  and  on  the  case 
except  :or  slander. 

jYlne  Years.— Actions  upon  sheriffs'  bonds. 
Stxfeen  Years.-Actiom  on  instruments  under  seal. 
/.«m^y  1  .ar..-Actions  for  the  possession  or  recovery  of  real 
ebtate,  and  upon  record  judgments. 

al;l!  ^''-n"'"-  ''T'^"^  acknowledgment,  or  promise  to  pay 
a  claim,  will  revive  the  running  of  the  statute.  ^ 

Makuikd  Women  -a  married  woman  may  retain  and  hold,  for 
o^u.c<l  by  her  at  the  time  of  marriage  or  acquired  during  cover' 


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278 


NEW  JERSEY 


tiire  by  gift,  grant,  devise,  bequest  or  descent ;  and  she  may  dis- 
pose  of  the  same  by  will,  reserving  the  husband's  estate  by  cur- 
tesy therein. 

Her  contracts  during  coverture,  even  though  in  reference  to 
her  separate  property  or  in  the  transactions  of  her  scparfite  bimi- 
ness  as  -a  feme  soU  trader,  bind  her  separate  estate  and  that  of 
her  husband,  who  may  bo  sued  with  her  thereon,  and  execution 
issue  against  him  alone. 

Pkomissokt  Notes.     See  Bills  of  Exchange. 

Wills  must  be  executed  in  the  presence  of  at  least  two  sub- 
scribing witnesses. 


IfEW  JERSEY 


279 


NEW   JERSEY. 


f  at  least  two  sub- 


BMDGETON  — Cumberland  County. 
Franklin  F,  Westcott. 

Franklin  F.  Westcott  is  a  member  of  the  New  Jersey  bar,  of 
good  standing  and  reputation, 

GEO.  S.  WOODIIULL, 
Justice  of  /Supreme  Court  of  N.  J. 
Tkenton,  March  12,  1069, 

FREEHOLD— Monmouth  County. 
Acton  C.  Uartshorne. 

Freehold  National  Banking  Company,  ) 
Fbeeuold,  N.  J.,  April  12.  1873.  j 

To  S.  F,  Kneeland,  Esq.  : 

This  is  to  certify  that  Acton  C,  Hartsliorne,  of  this  place,  is  a 
practicing  lawyer  of  good  standing,  and  we  do  cheerfully  recommend 
him  to  you,  especially  as  an  active  and  energetic  collector,  always 
looking  after  the  interest  of  his  clients. 

WM.  STATESIR,  President. 
J.  L,  TERHUNE,  Cashier. 

HIGHTSTOWN  — Mercer  County. 
Saml.  31.  Schanek. 

First  National  Bank  op  Higiitstown,  ) 
HiGHraTOWN,  N,  J.,  Dec.  2,  1872,      '  j 
To  whom  it  may  concern : 

Saml.  M.  Schanek  is  a  practicing  lawyer  oC  this  place.  He  is 
one  of  tlie  directors  of  this  bank,  and  also  our  attorney  and  notary. 
In  all  his  business  connections  with  us  he  has  given  entire  satisfac- 
tion. In  his  profession  we  consider  him  prompt,  faithful  and 
responsible. 

Respectfully, 

W.  H.  HOWELL,  Cashier. 


230 


IfEW  JERSEY 


JERSEY  CITY — New  Jersey  County. 
Abraham  B.  Bunting, 

NEWARK  — Essex  County. 
John  W,  Taylor  (State  Senator). 

NEW  BRUNSWICK -Middlesex  County. 
Absalom  V,  Schenek. 

ORANGE  — Essex  County. 
Mlchard  Darnstaedt, 

Newark,  January  27,  1873. 
I  hereby  certify  that  Richard  Darnstaedt  above  named,  is  a  regu- 
larly admitted  member  of  the  New  Jersey  oar,  and  practices  in  the 
courts  of  this  county,  and  that  his  professional  standing  is  good. 

C.  L.  CLIFFORD, 
Pres.  Judge  of  Essex  County  Common  Pleas. 

PATERSON  — Passaic  County. 
Chas,  JE.  Sandford. 


RED  BANK  — Monmouth  County. 
Jo7in  S.  Appleyuie. 

SOMER VILLE  -  S  omerset  County. 
Bartine  <£•  Davis. 

Jno.  D.  Bartine. 
Wm.  H.  Davis. 

Teentojt,  March  4,  1873. 

I  take  pleasure  in  saying  that  the  character  and  standing  of  the 
law  firm  of  Bartine  &  Davis,  of  Somerville,  in  this  State,  as  to 
ability  or  integrity,  is  beyond  reproach  or  question. 

Mr.  Bartine  has  practiced  in  my  district  for  the  last  seven  years, 
and  has  recently  associated  with  him,  in  practice  of  the  law,  Mr. 
Davis,  a  young  member  of  the  bar,  of  learning,  industry' and 
iil'ility.  Yours,  etc., 

E.  DALRIMPLE,  Judge  Sup.  Court. 


iT^ir  JERSEY. 


281 


VINELAND  — Cumberland  County. 
^Ym.  A.  House  (ex-Member  of  Legislature). 

_,       ,         .,  ViNELAND,  N.  J,,  yl;?r?7  21,  1873. 

10  whom  it  may  concern  : 

This  is  to  certify  that  I  have  been  acquainted  with  William  A. 
House,  attorney  at  law,  of  this  place,  for  the  last  twenty  years, 
and  fully  recommend  him  to  all  who  may  desire  to  place  business 
in  his  Jiands  as  a  reliable  and  prompt  attorney  at  law,  and  that  he 
is  a  gentleman  of  good  standing  and  credit. 

WILLIS  T.  VlRGIL,  Cashier  Vineland  Safe  Deposit  Co. 


NEW  MEXICO  TERRITORY. 


NEW  MEXICO  TERRITOEY. 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.    See  Deeds. 

Aekest  in  Civil  Actions  is  only  granted  where  the  debtor  is 
about  to  abscond,  and  the  claimant  is  thereby  in  danger  of  losing 
the  enforcement  of  his  claim. 

Attachments.— A  creditor  is  entitled  to  an  action  of  attach- 
ment against  a  debtor  who  is  not  a  resident  of  the  Territory  or 
who  has  absconded  or  concealed  himself,  or  whenever  any  person 
or  corporation  is  about  to  remove  any  of  his  or  its  property  from 
the  Territory,  or  has  assigned,  disposed  of  or  secreted,  or  is 
about  to  assign,  dispose  of  or  secrete,  any  of  his  or  its  property, 
with  intent  to  defraud  creditors,  or  where  the  debt  was  contracted 
out  of  this  Territory  and  the  debtor  has  absconded,  or  secretly 
removed  his  property  into  this  Territory  with  a  like  intent. 

Bills  of  Exchange  and  Pkomissoey  Notes  are  governed  by 
the  common  law. 

Deeds  and  Mortgages  may  be  acknowlec^ged  '  sfore  the  judge 
or  clerk  of  any  court  of  record  of  the  United  J^..  ,es,  or  of  any  of 
the  States  or  Territories,  or  of  any  foreign  State,  dominion,  king- 
dom or  empire ;  the  magistrate  or  presiding  officer  of  any  foreign 
city  or  municipal  corporation  under  its  corporation  seal ;  a  United 
States  minister,  consul  or  commissioner ;  or  before  any  commis- 
sioner for  New  Mexico  appointed  for  that  purpose.  The  certifi- 
cate must  state  that  the  person  making  the  acknowledgment  was 
personally  known  to  such  officer  to  be  the  person  described  in 
and  who  executed  the  instrument,  or  that  he  was  provtd  to  be 
such  person  by  the  oath  of  two  credible  persons  known  to  such 
officer.    Married  women  must  be  "separately  examined,"  the 


NEW  MEXICO  TERIUTORY. 


988 


contents  of  the  instrument  being  first  explained  by  the  oflScer 
taking  the  acknowledgment. 

Conveyances  afiecting  the  title  to  real  estate  are  not  valid  as 
to  third  parties  until  filed  for  record  in  the  county  where  the 
proj^erty  is  situated. 

Estates  of  Deckaskd  Persons.— Claims  should  be  presented 
within  a  year  from  the  granting  of  letters  testamentary  or  of 
administration. 

Exemptions.— There  is  no  homestead  exemption.  The  follow- 
ing personal  property  is  exempt  to  heads  of  fatnilies :  Necessary 
clothing,  beds,  bedding  and  school  books ;  $25  worth  of  provi- 
sions and  $20  worth  of  necessary  tools  and  implements. 

Interest  and  Usury  : 

Legal  Rate,  6  per  cent. 

Allowable  by  written  contract,  12  per  cent. 

Usury  forfeits  all  interest. 

Limitation  of  Actions  : 

Ten  Years. — Actions  for  the  recovery  of  real  estate. 

Wills  must  be  witnessed  by  three  persons,  in  the  presence  of 
the  testator. 


284 


JVHIV  MEXICO  TERRITORY. 


NEW  MEXICO  TERRITORY . 


h 


CIN;N'AMON-Colfex  County. 
Melvin  W.  Mills. 

Mr.  Mills  was   rocommen.k'cl  by  the  County  Judffo  of  Colfax 
county. 

SANTA  FE  —  Santa  Fe  County. 
Conway  &  Uinqne. 

Tiios.  F.  Conway  (ex-District  Attorney). 

First  National  Bank  op  Santa  Fk  | 
.  Santa  Fb,  N.  M.,  March  15,  1873.    '  \ 

To  whom  it  may  concern : 

We  hereby  recommend  Messrs.  Conway  &  Risque  as  well  quali- 
fied to  undertake  any  legal  business  intrusted  to  them.  They  are 
prompt  and  faithful  in  the  interests  of  their  clients,  and  this  testi- 
monial  is  cheerfully  accorded. 

WM.  W.  GRIFFIN,   Cashi&n    . 


NL'W  YORK. 


9M 


NEW  YORK. 


ENACTMENTS  AFFECTING  COMMERCE. 


ulgo  of  Colfax 


[N,   Cashier 


AoKNowLKDeMENTs.    See  Deeds. 

Alii:n8.     See  title,  "  Rights  of  Aliens." 

Arkkst  m  Civil  Actions.— The  non-imprisomnent  act  of  1831 
provides  for  the  iirrost  of  the  defendant  in  a  civil  action  on  a  eon- 
tract  when  it  shall  Batistactorily  appear  by  affidavit  that  there 
is  a  debt  or  demand  due  from  the  debtor  amounting  to  raoro 
than  $25  ;  and  that, 

1st.  The  debtor  is  about  to  remove  any  of  his  property  out  of 
the  jurisdiction  of  the  court  in  which  suit  is  brought,  with  intent 
to  defraud  his  creditors ;  or, 

2d.  That  the  debtor  has  property  or  rights  in  action,  or  some 
interest  in  any  public  or  corporate  stock,  money  or  evidences  of 
debt,  which  he  unjustly  refuses  to  apply  to  the  payment  of  any 
judgment  or  decree  which  shall  have  been  rendered  against  him 
by  the  complainant ;  or, 

3d.  That  he  has  assigned,  removed  or  disposed  of,  or  is  about 
to  atisign,  remove  or  dispose  of  any  of  his  property,  with  intent 
to  defraud  his  creditors;  or, 

4th.  That  the  debtor  fraudulently  contracted  the  debt,  or 
incurred  the  obligation,  respecting  which  suit  is  brought. 

In  addition  to  the  above,  the  Code  (§  179)  prescribes  the  fol- 
lowing cases  in  which  an  order  of  arrest  may  be  granted : 

1st.  In  an  action  for  the  recovery  of  damages,  on  a  cause  of 
action  not  arising  out  of  contract,  where  the  defendant  is  not  a 
resident,  of  the  State,  or  is  about  to  remove  therefrom,  and 
where  the  action  is  for  an  injury  to  person  or  character,  or  for 
injuring  or  for  wrongfully  taking,  detaining  or  converting  pro- 
perty. 


S86 


NEW  YORK. 


2d.  Ill  an  nation  for  a  fine  or  penalty,  or  on  a  i^roiu'wc  to 
marry,  or  for  money  recoived,  or  property  embezzled  or  fraudti- 
lently  misapplied  by  a  public  ofHcer  or  by  an  attorney,  Holidtor 
or  counselor,  or  by  an  officer  or  agent  of  a  corporation  or  bank- 
iiig  association,  in  the  course  of  his  cmployinent  as  hik-Ii,  or  by 
any  factor,  agent,  broker  or  other  person  in  a  fiduciary  capacity 
or  for  any  misconduct  or  neglect  in  office  or  in  a  profeHhioi,',,! 
employment. 

3d.  In  an  action  to  recover  tlie  possession  of  personal  pro])erty 
unjustly  detained,  where  the  property  or  any  part  thereof  hart 
been  concealed,  removed  or  disposed  of,  so  that  it  camiot  l,« 
found  or  taken  by  the  sheriff,  and  with  intent  that  it  Hhould  not 
be  so  found  or  taken,  or  with  the  intent  to  deprive  the  plaintiff 
of  the  benefit  thereof. 

4:th.  When  the  defendant  has  been  guilty  of  a  fraud  in  con- 
tracting the  debt,  or  incurring  the  obligation,  for  which  the 
action  is  brought,  or  in  concealing  or  disposing  of  the  property 
for  the  taking,  detention  or  conversion  of  which  the  action  is 
brought ;  or  when  the  action  is  brought  to  recover  damages  for 
fraud  or  deceit. 

5th.  When  the  defendant  has  removed  or  disposed  of  his  i)ro- 
perty,  or  is  about  to  do  so,  with  intent  to  defraud  his  creditors. 
But  no  female  shall  be  arrested  in  any  action,  except  for  a 
willful  injury  to  person,  character  or  property. 

Before  making  the  order  the  judge  shall  recpiire  an  undertaking 
to  be  filed  by  the  plaintiff,  in  a  sum  not  less  than  $I0().  'I'jio 
order  will  be  granted  at  any  time  before  the  entry  of  jiKlgmi.'iit, 
but  not  after.  The  defendant  will  be  discharged  ui)oii  giving 
bail,  or  depositing  with  the  sheriff  the  amount  of  money  men. 
tioned  in  the  order  of  arrest. 

Execution  Against  the  /'g/ww.— Where  an  execition  against 
the  property  has  been  returned  unsatisfied,  in  an  action  v/hero, 
under  the  Code,  an  order  of  arrest  could  have  been  granted  iw 
above  described,  an  execution  against  the  person  of  the  defendant 
may  issue,  provided  the  complaint,  filed  in  the  action,  contains  a 
statement  showing  one  or  more  of  such  causes,  or  an  order  of 
arrest  was  served  during  the  pendency  of  such  action. 

The  sheriff  must  arrest  the  debtor  against  whom  the  execution 
issues,  and  hold  him  in  custody  until  he  pays  the  judgment  or  is 


IVFW  YORK. 


S87 


disclinrn^ed  according  to  law.  Tho  plfiintiff  may,  after  thirty 
days,  procure  tho  discharge  of  eucli  debtor  by  sending  a  written 
ro(jiiC8t  to  the  sheriff'  to  discharge  liini. 

ArrAcnMKNTS.— A  warrant  of  attachment  will  issue  during  tho 
pendency  of  an  action  on  contract,  or  for  tho  wrongful  conver- 
sion  of  personal  proi)erty,  whenever  it  appears  by  afHdavit  that 
:i  cause  of  action  exists  against  such  defendant,  specifying  tho 
ninount  of  the  claim  and  the  grounds  thereof,  and  that  tho 
defendant  is  either  a  foreign  corporation  or  not  a  resident  of  this 
State,  or  Ims  departed  therefrom  with  tho  intent  to  defraud  his 
creditors,  or  to  avoid  the  service  of  a  summons,  or  to  keep  him- 
self concealed  therein  with  tho  like  intent;  or  that  such  corpora- 
tion or  person  has  removed  or  is  about  to  remove  any  of  his  or 
its  property  from  this  State  with  tho  intent  to  defraud  his  or  it8 
creditors ;  or  has  assigned,  disposed  of  or  secreted,  or  is  about  to 
assign,  dispose  of  or  secrete  any  of  his  or  its  property  with  tho 
like  intent,  whether  such  defendant  be  a  resident  of  tliis  State  or 
not. 

The  plaintiff"  must  also  file  an  undertaking,  with  sufficient 
surety,  conditioned  in  the  sum  of  at  least  $250,  for  the  payment 
of  all  costs  and  damages  that  the  defendant  may  recover  or  sus- 
tain in  tho  proceedings. 

Bills  of  Exciianoe  and  Promissory  Notes.— The  statutory 
provisions  in  relation  to  promissory  notes  do  not  materially 
cliaiige  tho  provisions  of  the  common  law  or  law  merchant. 
Sight  drafts  and  bills  of  exchange,  payable  at  sight,  are  due  on 
presentation  without  grace,  and  no  grace  is  alluued  oti  notes 
payable  on  demand.  Notes  tainted  with  fraud  or  usury  are 
void,  even  in  the  hands  of  an  innocent  holder  for  value. 

r>iLLs  OF  Sale  that  contain  any  proviso  of  reverter,  or  any  cove- 
nant or  condition  whereby,  upon  the  happening  of  a  certain 
event,  the  instrument  shall  become  void  or  the  property  revert 
to  the  grantor,  are  held  to  be  chattel  mortgages,  and  must  be 
recorded  in  the  same  manner  as  chattel  mortgages.  The  title  to 
personal  property  generally  passes  by  delivery  without  a  bill  of 
sale. 

CuATTEi.  Mortgages  must  be  in  writing,  signed  by  the  grantor 
or  by  his  authority,  and  filed  in  the  town  or  city  where  the  raort- 


288 


^rh'w  Yoiiiu 


gagor  rcHidi'H  at  tlio  time  of  exi'«utiiig  tlio  inort^a^'o;  and  if  ho 
18  not  a  rertideiit  (»f  tho  State,  then  in  tho  city  or  town  where  thu 
property  Ih  at  tlio  time  of  tho  execution  of  tho  int)rtgage. 

Th(!  lien  of  a  luort^nij^'u  ceaHcrt  to  \m  binding',  as  to  criMJitors  of 
the  mortgagor,  Hubsetjnent  jMirehasierH  and  iMortgugcfs  in  good 
fuith,  after  ono  year  from  filing,  MnleHH,  witldn  tliirty  dayh  next 
preceding  tho  expiration  of  tho  year,  and  each  your  thereafter,  a 
copy  thereof,  to  which  in  attached  a  nworn  Htatenientof  the  extent 
of  the  mortgagee's  intercHt  in  the  property  is  liled  in  the  niuniiei 
reqnired  for  the  iiling  of  the  original  inHtrnmeiit. 

Deeds  and  Mokto  ages.— If  executed  out  of  the  State  and  within 
the  United  States,  tho  acknowledgment  of  any  written  instru- 
ment nniy  be  taken  before  any  judge  of  tlio  iTnited  States  courts, 
or  judge  of  any  Superior,  District  or  Circuit  Court  of  such  .w.ato 
or  Territory,  or  by  any  person  certitieil  to  by  the  clerk  of  a  court 
of  record,  as  an  olHcer  entitled  by  the  laws  of  such  State  to  take 
the  acknowledgment  of  deeds  therein,  or  by  any  commissioner 
of  deeds  for  this  State,  if  taken  in  the  city  or  county  in  which  ho 
resided  at  the  time  of  his  appointment.  If  executed  without  the 
United  States  ami  in  Euroi)e,  or  in  other  portions  of  America, 
the  acknowledgment  may  bo  taken  before  any  minister  or  charge 
d'atfaires  of  tho  United  States  resident  and  accredited  at  the  ])laco 
of  taking  the  same;  or,  in  any  other  i)ort  or  country,  before  any 
consul,  vice-consul,  deputy  consul,  commercial  agent  or  consular 
agent  of  the  United  States  resident  in  such  foreign  jjort  or 
country.  In  the  dominion  of  Canada  it  may  l>e  taken  also 
before  any  court  of  record,  or  the  mayor  of  any  incorporated 
city,  under  their  othcial  seals. 

The  certiticate  of  acknowledgment,  in  all  cases,  must  show 
that  the  officer  taking  the  same  knew,  or  had  satisfactory  pi-oof, 
that  the  person  who  made  such  acknowledgment  or  ])roof  was 
the  identical  person  described  in  and  who  executed  the  instru- 
ment, or  II  subscribing  witness  thereto. 

Form  of  Acknowledymcnts.     See  Appendix,  Forms. 

Estates  of  Deceased  Persons. — Claims  must  be  presented  in 
writing,  duly  verified,  to  the  executors  or  administrators  within 
six  months  from  the  first  day  of  the  publication  of  a  notice  to 
creditors  to  tile  the  same.     The  notice  may  be  published  at  any 


JV£\r  VOIiK.  2M0 

tiino  after  the  expiration  of  nix  inontl.e  from  tho  grnntin-  of 
IdterH,  and  iH  re.,uired  to  ho  i.ui.liHJ.o.l  once  aweek  foi^ix 
months.  Claims,  therefore,  presented  within  one  .year  from  tho 
Kranting  ot  letters  teHtamentary,  or  of  administration,  will  ho  in 
t.n.e  to  take  the  henelits  of  tho  first  division  of  tho  proceeds  of 
the  estate  li  hucI,  notice  is  duly  i.uhlished  as  stated,  claims  will 
1.0  harred  it  not  presented  within  the  timo  limited  therein 

Dohts  «Kai,|st  tho  deceased  rank  in  dignity  as  follows:   1st. 
i  W..U  ^'"'  led  to  pretoroncc  according  to  tho  laws  of  the  United' 
b  atcs.     2d.    laxes  assessed  prior  to  the  death  of  tho  deceased 

M   JiHiK"'entBanddecroe8according  to  their  priority.    4th    All 
other  chums. 

KxKcuTioN.     See  JxidgmenU  and  Exemjttiom. 

p]xi;.Mi'Ti()N8: 

//.....v^ev./.-Thero  shall  ho  oxen.pt  from  levy  or  attachment 

■a  homestead,  owned  and  oecnpied  l.y  a  rcsidnit  housohohlor, 

hcmg  the  head  of  a  family,  to  the  vulno  oi  $1,000,  provided 

I.Ht,  m  the  conveyance  to  snch  person,  it  wtvs  designated  ti.r  a 

on.c8tead;  or  ho  shall  file  for  record  a  notice  to  that  efieot  in 

siluate.r  '     '         '"  "^"  *''"  '''""'^  '''^"•"'  *''^  l"'^'I'^^-t>-  '« 

Personal  Propert^.^The  statute  provides  for  the  usual 
exemption  of  household  articles  in  favor  of  a  resident  honse- 
liul.ler;  also  a  family  library  and  books  to  the  value  of  ,*50  •  ten 
^  .cop  w,th  their  fleeces,  and  tho  yarn  or   cloth   manufactured 

.'■'  TlLr^  ""T^  ^""'^  '""'""'  ""^^  '^  t«^'"^  "«t  exceeding  the 
Nahie  ot  $250,  and  necessary  for  the  transaction  of  the  debtor's 

husmcss  or  profession,  together  with   food   necessary  for  such 

stock  ;  provisions  and  fuel  for  the  use  of  tho  debtor's  family  for 

sixty  days;  the  implements  of  a  mechanic  to  the  value  of  $25- 

u^STtioS.^"  "^"^'  "^'  ^"'  '""'''-^  ^--^-"  «^--  to 

The  exemption  does  not  apply  to  the  purchase-money  of  such 
articles,  nor  on  a  judgment  in  favor  of  a  domestic  for  services 
rendered  in  the  family  of  the  debtor. 

Iiu'KisoNMENT  FOB  Debt.    Seo  Arrest. 
Interest  and  Usuey  : 
leyal  Pate,  7  per  cent, 

1» 


290 


NEW  YORK. 


if 


Usury  fov^Qxts  both  principal  and  interest,  and  is  a  misde- 
meanor which  renders  the  usurer  criminally  liable. 

Judgments.— A  judgment  is  a  lien  upon  real  estate  in  the 
county  where  the  judgrnerit  roll,  or  a  transcript  thereof,  is  dock- 
eted or  filed.  A  judgment  is  barred  by  the  statute  of  limitations 
in  twenty  years,  but  the  lien  only  continues  ten  years  'from  the 
entry  of  judgment. 

Executions  may  be  issued  at  any  time  within  five  years  next 
■  after  entry  of  judgment ;  and  if  execution  has  been  returned 
unsatisfied  within  that  time,  it  will  issue  as  of  course  at  any  time 
thereafter  during  the  life  of  the  judgment.  If  no  execution  was 
issued  within  said  five  years,  it  can  only  issue  thereafter  by  an 
order  of  the  court. 

^  When  an  execution  has  been  returned  by  the  sherifi"  unsatis- 
fied, in  whole  or  in  part,  the  debtor  may  be  examined  in  pro- 
ceedings supplementary  to  execution  touching  his  property  and 
rights  in  action  ;  and  if  any  there  be  found,  or  if  the  debtor  shall 
have  made  fraudulent  transfers  of  the  same,  a  receiver  will  be 
appointed  by  the  court  to  take  possession,  or  recover  and  dispose 
of  such  property  for  the  benefit  of  the  judgment  creditor. 
Limitation  of  Actions  : 

One  Year.— An  action  against  a  sheriff  for  an  escape. 
Two  Years.— Actions  for  libel,  slander,  assault  and  battery, 
and  false  imprisonment,  and  for  the  penalty  or  forfeiture  of  a 
Btatute,  when  the  action  is  in  favor  of  the  State 

Three  rear*.— Actions  against  sheriffs,  coroners  or  constables 
on  account  of  their  official  acts,  and  for  the  penalty  or  forfeiture 
of  a  statute,  except  as  above  limited. 

Six  tears.— Aoiions  upon  a  contract,  liability  or  obligation, 
except  on  contracts  under  seal;  upon  a  liability  created  by 
statute  other  than  a  penalty  or  forfeiture ;  for  trespass  upon  real 
property  ;  for  taking,  detaining  or  injuring  goods  or  chattels,  or 
for  the  specific  recovery  thereof;  for  criminal  conversation  or 
any  other  injury  to  the  person  or  rights  of  another  not  otherwise 
provided  for  herein ;  and  for  relief  on  the  ground  of  fraud  in 
cases  heretofore  solely  cognizable  by  the  Court  of  Chancery ;  the 
statute  commencing  to  run  upon  the  discovery  of  the  fraud. 

Twenty  Years.— Actions  for  the  recovery  of  real  estate;  upon 
sealed  instruments  and  judgments  of  courts  of  record. 


NEW  YOPK  291 

Any  other  action  for  relief  must  be  brought  within  ten  years 
from  the  tune  the  cause  or'  action  arose. 

Part  payment,  or  a  written  acknowledgment  or  i^romise    to 
pay,  revives  the  running  of  the  statute. 

Married  WoMEN.-The  property,  real  and  personal,  owned 
by  any  female  at  the  time  of  her  marriage,  or  acquired  thereat^er 
by  inheritance,  gift,  grant,  devise  or  bequest,  from  any  person  other 
than  her  husband,  or  by  the  trade,  business,  labor  or  services 
earned  on  or  performed  on  her  sole  account,  and  the  rents  and 
profits  thereof,  shdl  be  and  remain  her  sole  r.nd  separate  pro- 
perty the  same  as  if  she  was  a  single  female,  and  shall  not  be 
liable  to  the  disposal  of  her  husband  or  liable  for  his  debts-  and 
she  may  bargain,  sell,  assign  and  transfer  her  separate  property 
or  execute  any  contract  in  relation  thereto,  and  carry  on  any 
trade  or  business,  and  perform  any  labor  or  services,  on  her  sole 
and  separate  account. 

Her  promissory  note  or  indorsement  will  bind  her  separate 
estate,  provided  the  intent  to  do  so  is  expressed  in  the  instru- 
ment; and  the  courts  have  lately  held  that,  where  a  promissory 
note  IS  made  or  indorsed  by  the  wife,  knowing  or  intending  that 
credit  shall  be  given  to  such  paper  on  account  of  her  separate 
pi'oporty,  It  shall  be  as  valid  and  binding  against  her  as  if  such 
intent  was  expressed  in  writing.  But  it  seems  that  the  wife 
cannot  become  a  surety  for  the  husband. 
Promissory  Notes.     See  Bills  of  Sale. 

Wills  must  be  in  writing  and  signed  by  the  testator.  Two 
witnesses  are  requisite,  to  whom  the  testator  must  declare  that 
the  instrument  is  his  last  will  and  testament.  Each  witness  must 
sign  his  name  in  the  presence  and  at  the  request  of  the  testator. 
Codicils  must  be  executed  and  acknowledged  in  the  same  man- 
ner as  the  wills  to  which  they  are  attached. 


292 


NEW  YORK. 


Ml 


NEW   YORK. 


AFTON,  NEW  BERLIN,  GREENE  and  SMYRNA- 

Chenango  County. 

Albert  F.  Gladding  (P.  O.,  Norwicli,  N.  Y.). 

The  National  Bank  cf  Norwich,  ) 
NoKwicii,  N.  Y.,  April  4, 187;j.     j 
S.  F.  Kneeland,  Esq.  : 

Sir. — I  am  well  acquainted  with  Albert  F.  Gladding,  Enq.,  an 
attorney  of  this  village,  he  is  well  qualified  to  undertake  any  legal 
business  intrusted  to  him,  and  will  p  oinptly  remit  any  money 
collected  by  him.  Yours,  etc., 

WARREN  NEWTON,  Cmhier. 

N.  B.  HALE,  Brest.  Nat.  Bank,  Norwich. 


ALBANY— Albany  County. 
Aniasa  J.  barker f 
Atnasa  J»  JParkeVf  Jr. 

Amasa  J.  Parker  (ex-Member  of  Congress  and  Legisliittiro, 
Justice  of  the  Supreme  Court  of  New  York,  Judge  of  the 
Circuit  Court  and  Chancellor). 
Amasa  J.  Parker,  Jr.  (XJ.  b.  Commissioner). 

Albany  City  National  Bank,  ) 
Albany,  May  27,  1873.       ( 
To  xchom,  it  may  concern : 

Messrs.  Amasa  J.  Parker  &  Son  have  been  attorneys  for  this 
bank  for  several  years  past,  and  it  aifords  me  pleasure  to  say  that, 
in  all  the  business  intrusted  to  their  care,  they  have  given  us  entire 
satifaction,  having  proved  themselves  exceedingly  prompt,  faith- 
ful and  energetic. 

A.  P.  PALMER,  Cashier. 

(Pleaae  state  particularly  that  claims  are  sent  "  for  collection  in 
accordance  with  the  terms  of  this  Association.") 


NEW  YORK. 


293 


id  SMYRNA- 


AMENI A — Dutchess  County. 
Gen.  W.  Ingrahatn. 

First  National  Bank  op  Asienia  ) 
rr     „    J        .,  Amenia,  N.  Y.,  Dec.  6,  1872.     '  f 

10  all  whom  tt  may  concern:  . 

We  are  well  acquainted  with  G.  W.  Ingraham,  an  attorney  at 

aw  of  this  place,  and  believe  him  well  qualified  to  undertake  any 

cgal  business  intrusted  to  him.     Mr.  Ingraham  is  prompt   and 

faithful  m  the  interest  of  his  clients,  and  this  testimonial  is  very 

cheerfully  accorded.  ■' 

N.  HEBARD,  Cashier  First  Mit.  Bank,  Amenia. 
C.  H,  DAVIS,  Jr.,  Assistant  Cashier. 

AMSTERDAM— Montgomery  County. 
jr.  L.  Stov&r. 

To  S.  F.  Kneeland,  Esq. : 

I  am  well  acquainted  with  Martin  L.  Stover,  and  cheerfully 
recommend  him  as  an  honest,  competent  attorney,  and  one  faithful 
.n  the  discharge  of  his  duty  and  to  the  interests  5  his  cUents 

S.  PUL VER  HEATH,  County  Judge  and  Surrogate. 

I  heartily  concur  in  the  above. 

J.  McDERMOTT,  I^est.  First  Nat.  Bank. 
Amsterdam,  Jan.  2,  1873. 


AUBURN  -  Cayuga  County. 
Warren  A.  Warden. 

cJdir'"  ^'  ^''''^'" '' ""  '^'''°*'''" '"  *''''  ^^"'^  '^"'^  ^^  ^"'iti^*!  to 

CHARLES  O'BRIEN, 

Cashier  Auburn  City  Nat, Bank,  Auburn,  N.  Y. 

We,  the  undersigned  casliiers  of  National  Banks  at  Auburn, 
N.  Y.,  believe  Warren  A.  Worden  to  be  entirely  trustworthy  and 
competent  to  discharge  the  duties  which  may  be'  intrusted  to  h  m 
as  attorney  for  the  Merchants'  Protective  Law  Association. 

C.  H.  MERRIMAN. 


294 


NEW  YORK. 


;lfi 
% 


A VOCA  —  Steuben  County. 
A.  M.  Spooner. 

Refers  to  .-luy  of  the  following  parties:   Hon.   T.  A.  Johnson 
Justice  Supreme   Court ;    Hon.    G.    T.    Speneer,  Judge    Steuben 
County  Court,  of  Corning,  N.  Y.  ;  or  Steuben  County  Bank,  iJath 
N.  Y.,  and  to  all  the  business  men  of  Avoca  ;  also,  to  the  foliowinsi' 
testimonial  by  Juilge  Spencer  : 

Corning,  June  5,  1873. 
I  hereby  certify  that  A.  M.  Spooner,  Esq.,  of  Avoca,  Steuben 
county,  IS  a  member  of  the  bar  of  said  county,  of  good  staudin? 
and  reputation,  and  entitled  to  confidence  for  ability  and  integrity 
GEO.  T.  SPENCER,  County  Judge  of  Stmben  Co.   ' 

BAINBRIDGE  —  Chenango  County. 
Sumner  tt-  liererlf/, 

CiiAs.  B.  Sumner. 
John  Beverly. 

I  can  testify  to  the  efficiency  and  character  of  this  firm.— [Ed. 

BALDWINSVILLE- Onondaga  County. 
y.  M.  White. 

The  First  National  Bank  op  Baldwinsville  i 
BALDWINSVILLE,  N.  Y.,  JSTov.  14,  1872.       '  f 
S.  F.  Kneeland,  Esq.,  Albany,  JV.  T.  : 

Dear  Sir. — I  can  cheerfully  recommend  Mr.  N.  M.  White 
attorney  and  counselor  at  law,  of  this  village,  as  in  every  way 
qualified  to  represent  your  association  here,  to  your  entire  satis- 
faction. 

Yours  very  truly, 

W.  F.  MORRIS,   Cashier. 

BELLEVILLE— Jeflferson  County. 
E.  B.  Hawes  &  Son. 

Edw.  B.  Hawes. 
H.  Clay  Hawes. 


NEW  YORK. 


296 


BERGEN  — Genesee  County. 
L.  L.  Crosby. 

Office  of  County  Judge  of  Genesee  County  ) 
Batavia,  N.  Y.,  3rarch  17,  1873.  '  \ 

I  hereby  certify  that  I  am  well  acquainted  with  L.  L.  Crosby, 
attorney  at  law,  residing  at  Bergen,  Genesee  county,  N.  Y. ;  that 
he  has  a  good  professional  standing  for  integrity,  and  that  bu'siness 
intrusted  to  him  will  be  promptly  and  conscientiously  performed, 
in  my  opinion. 

L.  N.  BANGS,  Co.  Judge  Gen.  Go. 

BERLIN— Rensselaer  County. 
JI.  W.  Saunders. 

After  a  long  and  thorough  acquaintance,  I  can  cordially  indorse 
II.  W.  Saunders  as  being  both  prompt  and  reliable. 

E.  WOOSTER, 
Counselor  at  Law^  53  Congress  St.,  Troy,  N.  Y. 

BINGHAMTON  — Broome  County. 
Neri  Pine. 

During  the  past  four  years  I  have  been  personally  acquainted 
with  Neri  Pine,  Esq.,  of  Binghamton,  he  being  my  class-mate  in 
the  Albany  Law  University.  I  consider  him  a  prompt,  able  and 
persistent  lawyer,  and  perfectly  trustworthy.— [Ed. 

BOONVILLE  —  Oneida  County. 

Lennder  W,  Fiske  (ex-Member  of  Legislature  of  the  State  of 
New  York). 

S.  C.  Thompson's  Bank.         ) 
BooNviLLE,  N.  Y.,  June  4,  1873.  f 
We  certify  that  we  are  personally  acquainted  with  L.  W.  Fiske 
of  Boonville,  N.  Y.,  and  believe  him  to  be  respectable  in  character' 
prompt  and  upright  in  his  business  relations.  ' 

Respectfully  yours, 

S.  A.  JOHNSON,  Cashier. 


I        ! 


nl 


i 


i    -     !ii 

I 
I 


296 


J^EWYORK 


BREWSTER'S -Putnam  Oounty: 
A.  J.  Miller. 

Ckoton  ItiVKU  National  Bank  of  Soutii-bast  Nkw  York  ) 
Bkkwsteu's,  N.  Y.,  Nov.  10,  1872.  '  f 

To  whom  it  may  concern  : 

a  T^I'm^"  ''""^  ""'»'-'«■«"«  occasions  to  require  the  services  of  Mr 
A  J  iVhllcr  us  ail  attorney  and  counselor  in  prosecuting  claims  of 
tins  bank  We  cleem  hin.  ^^..]l  qnalifid  to  transact  any'lc^allst 
noss  which  may  be  given  hi*  in  charge,  and  consider  him  proun.t 
and  reliable  ,n  forwarding  the  interests  of  his  clients.  It  is  wi  h 
cheerfulness  that  this  testimonial  is  given. 

^  P.  E.  FOSTER,  Cashier. 

BROOKLYN -Kings  County. 
A,  If.  «£♦  W,  E.  Oshoru. 

Alukut  II.  OsuoRN  (ex-Comptroller). 
Wxr.  E.  OsnoBN. 

V  t  V"  1-  ^^"Z-  ^'^''''"-  ""^  *^'  ''*y  «^  Brooklyn,  are  lawyers  of 
high  standuig  for  responsibility,  integrity  and  eminent  legal  attain- 
meuts. 

J.  W.  GILBERT,  JusfAce  of  the  Supreme  Cmirt 
of  the  State  of  New  York. 

BUFFALO  —  Erie  County. 
Wadsworth  &  White. 

Geo.  Wadsworth  (ex-Qistrict  Attorney). 

T.  C.  WlIITK. 

Messrs.  Wadsworth  &  White  refer  to  any  of  the  Judges  in  Erie 
county,  or  to  the  officers  of  any  National  Bank  in  Buffalo     We 
consi.ler  them  one  of  the  strongest  firms  in  western  NewYork 
[Ed. 

CANAJOHARIE- Montgomery  County. 
David  Spraker  (formerly  State  Senator). 

Hon.  David  Spraker  is  vice-president  of  the  National  Spraker's 
JJnnk  of  Canajoharie,  and  a  lawyer  of  known  integrity  and  respon- 
sibility.— [Ed.  o     .,  I 


Francis  <C  l*rntu 
Am)nzo  H.  Fhancih. 
Stei'iikn  K.  Pha'it. 


NEW  YORK. 
CARTHAGE— Jeflferson  County. 


297 


Hour,  Holcomb  &  Co.'s  Rank       ) 


Cabiuauk,  N.  Y.,  November  10,  1872.  , 
McRsrH.   FranciH   &   Pmtt  act  as  attorneys  for  us.    They  are 
prompt,  efficient,  reliable  and  responsible. 

HOUR,  IIOLCOMB  &  CO. 

CATSKILL — Greene  County. 
John  A.  GriHWold  (ex-County  Court  Judge,  District  Attomev. 
burrogate  and  Member  of  Congress). 

Catskill,  Greene  county,  N.  Y.,  ) 
J'lb.  14,  1873.  f 

I  am  ac.,nainted  with  John  A.  Griswold  of  this  village  personally 
and  by  n.putation.  He  is  a  lawyer  in  good  standing  in  his  pro- 
lession.  * 

S.  S.  DAVY,  President  Farmers'  National  Bank. 

CLEVELAND  -  Oswego  County 
Henry  Crarher. 

COHOCTON- Steuben  County. 
John  IF.  Jiutlef  (cv-Distriot  Attorney). 

T ,         ,         ^  I^ATii,  N.  Y.,  March  15,  1873. 

1  have  been  for  many  years  well  acquainted  with  John  H.  Butler 
*-«ci.  of  Cohocton,  Steuben  county,  an  attorney  and  counselor  of 
^)o  Supreme  Court.  He  has  heretofore  occupied  the  position  of 
District  Attorney  of  the  county,  and  is  a  lawyer  of  good  standing 
m  Ins  i)rofession.  *' 

D,  RUMSEY,  Justice  Supreme  Court. 

COHOES  -  Albany  CoTinty. 

Samuel  W.  Lovejoy  (ex-Asst.  U.  S.  Assessor,  now  City  Attor- 
ncy  for  Cohoes).  ^ 

m^     ,        .,  Albany,  N.  Y.,  Jtme  20,  1873. 

lo  whom  It  may  concern :  ",  xo<o. 

This  is  to  certify  that  Samuel  W.  Lovejoy,  Esq.,  an  attorney 
practicmg  at  Cohoes,  N.  Y,  is  of  good  moral  character  and  respect- 
able  standmg  in  the  Albany  county  bar. 

T.  J.  VAN  ALSTYNE,  County  Judge,  Albany  Co.     > 


298 


NEW  YORK. 


OOOPERSTOWN— Otsego  County. 
Samuel  A,  Bowen. 

Mr.  Bowen  is  now  District  Attorney  for  Otsego  county,  and  an 
able  and  upright  lawyer.— [Ed. 

CORNING — Steuben  County. 
Ellsworth  I).  Mills. 

Ellsworth  D.  Mills,  of  Corning,  New  York,  is  a  reliable  and 
responsible  attorney. 

GEORGE  T.  SPENCER, 

Counts/  Judge  of  Steuben  Comity. 
CoENiNG,  N.  Y.,  iVow.  20,  1872. 

DELHI  — Delaware  County. 
Abram,  C.  Crosby. 

Delaware  National  Bank,     ) 
rr,      ,        .,  Delhi,   N.    Y.,   April  12,  1873.  f 

JO  wnom  tt  may  concern :  ' 

We  are  well  acquainted  with  Abram  C.  Crosby,  Esq.,  of  Delhi 
N".  Y.,  who  is  an  attorney  and  counselor  at  law  in  active  practice,' 
and  is  well  qualified  to  transact  such  legal  business  as  may  be 
intrusted  to  him,  and  we  take  great  pleasure  in  recommending  him 
to  all  who  may  have  such  business  to  do.  He  is  honest,  prompt 
and  faithful.  >  F      P" 

CHARLES  MARVINE,  President. 

W.  H.  GRISWOLD,  Cashier. 

The  above  testimonial  is  merited,  and  I  cordially  indorse  the 
same. 

WILLIAM  MURRAY,  Je.,  Justice  of  Sup.  Court. 

DO WNSVILLE  —  Delaware  County. 
Ephrahn  L.  Holmes. 

Delhi,  Dec.  28,  1872. 
To  lohom  it  may  concern :  * 

I  hereby  certify  that  I  am  well  acquainted  with  E.  L.  Holmes, 
attorney  and  counselor  at  law  ;  that  he  is  well  qualified  to  under' 
take  any  legal  business  intrusted  to  him,  and  that  he  is  prompt  and 
faithful  in  the  interests  of  his  clients,  and  is  in  good  standing 
among  the  profession  in  thiS  county  and  vicinity. 

EDWIN  D.  WAGNER,  Coimty  Judge  of  Bel.  Co. 


JVFW  YORK. 


299 


is  a  reliable  and 


of  Sup.  Court. 


DUNKIRK— Chautauqua  County. 
Edwards  &  Hinckley, 

J^RANcis  S.  Ei.WAEDs   (ex-Mcmber  of  Congress  and  Special 
County  Judge). 

ELIZABETHTOWN- Essex  County. 
Dudley  &  Perry, 

A,  K.  DuDLKY  (District  Attorney). 
Miles  C.  Pbkry. 

Messrs.  Dudley  &  Perry,  attorneys  at  law,  residing  and  prao- 
ticnig  at  this  place,  are  well  known  to  me,  and  I  can  bear  testi- 
mony to  their  good  character  and  busmess  qualifications.  They 
are  perfectly  reliable  and  responsible, 

B.  POND,  County  Judge  qf  Essex  County. 
EuzAUBTHTowN,  N.  Y.,  April  8,  1873. 

ELMIRA— Chemung  County. 
E.  B.  Youmans, 

„   ^   ^  Elmiea,  N.  Y.,  January  2,  1873. 

S.  F.  Kneeland,  Esq.,  Albany,  JV:  Y.: 

Dear  Sir.— It  gives  me  pleasure,  in  this  manner,  to  certify  to 
tlie  high  standing,  professionally  and  morally,  of  Mr.  E.  B.  You- 
mans, of  this  city. 

G.  M.  DIVEN,  Atty.  at  Law. 
P.  S.  SPAULDING,  Chemung  Co.  Judge. 
J.  L.  M'DOWELL,  Mem.  Board  of  Education. 
GEO.  O.  HANLON,  Sheriff  Chemung  County. 

FISHKILL  —  See  Wappingeb's  Falls. 

FORDHAM— Westchester  County. 

See  Appendix. 


FORT  PLAIN -Montgomery  County. 
F,  F.  Wendell. 

To  whom  it  may  concern : 

I  am  personally  acquainted  with  F.  F.  Wendell,  Esq.,  of  Fort 
Plain,  m  the  county  of  Montgomery,  and  with  his  standing  as  a 


I 


300 


JVFW  YORK. 


raenibor  of  the  legal  profession.  Ho  is  a  yomig  ninn  of  integrity 
industry  and  energy,  and  of  correct  habits.  Ah  a  lawyer  ho  is 
not  inferior  to  any  young  man  of  his  profession  in  the  county,  and 
I  esteem  liini  as  a  man  of  decided  merit. 

S.  PULVER  HEATH,  (Jo.  Jmhje  of  Montgomery  Co. 
Amsterdam,  March  10,  1873. 


BM     J       c-'i 


1115         ,! 


fM    1 


■.* 


FRANKFORT 
J.  A.  tC-  A.  B.  Steele. 

JosiAii  A.  Stkelb. 
Abbam  B.  Steele. 


Herkimer  County. 


FULTON  — Oswego  County. 
W.  J.  Townsend. 

This  is  to  certify  that  I  am  well  acquainted  with  W.  J.  Townsend, 
and  can  recommend  him  as  a  prompt  and  faithful  attorney,  and 
well  qualified  to  undertake  any  legal  business  intrusted  to  him, 

GEO.  M.  CASE, 
Cashier  Citizem''  National  Bank  Milton  Co. 

QLOVERSVILLE— Fulton  County. 
C.  M.  I*arke. 

C.  M.  Parke,  Esq.,  of  Gloversville,  N.  Y.,  is  an  attorney  at  hw 
of  good  standing,  and  justly  merits  confidence. 

McINTYRE  ERASER,  Comiti/  Judge  Fulton  County. 
December  28th,  1872. 


GRANVILLE— Washingrton  County. 
O.  F.  Thompson  (formerly  Judge  of  Washington  county). 

National  Bank  ov  Salkm,      ) 
Salem,  N.  Y.,  October  28,  1872.  j 
To  S.  F.  Kneeland,  Esq.,  Albatiy  : 

I  have  been  well  acquainted  with  Hon.  O.  F.  Thompson,  of 
Granville,  N.  Y.,  for  many  years,  and  consider  him  well  qualified 
to  transact  any  legal  business,  and  believe  him  to  be  prompt  and 
responsible  as  a  man  and  a  lawyer. 

Yours  respectfully, 

B.  F.  BANCROFT,  President. 


*r 


JVEir  YOIiK. 

GREENBUSH- Rensselaer  County. 

See  Ai'i'KNKix. 

*^. 

GREENWICH -Washington  County. 
Job  G.  Sherman, 


301 


HAMBURGH  —  Erie  County. 
Allah  am  Thorn  (formerly  Surrogate  for  Erie  county). 

HAMMONDSPORT  -  Steuben  County. 
B.  Bennett. 


'c  Ihltun  Co. 


HERKIMER -Herkimer  County. 

Exra    Graven   (fonnorly   Judge   and  Surrogate   of    Herkimer 
county). 

I  am  well  acquainted  witli  the  character  and  standing  of  Hon 
Kzra  firavcH  as  a  man  and  member  of  the  legal  profession,  and  take 
pleasure  in  recommending  him  as  a  man  entitled  to  confidence.  He 
iH  honest  and  upright,  and  well  (pialified  to  transact  any  legal  busi- 
ness intrusted  to  his  charge. 

AMOS  H.  PRESCOTT,  Cowiti/  Judge  Herkimer  Co. 
Dated  Hekkimer,  Oct.  23,  1872. 


HOLLEY  —  Orleans  County. 
Orauf/e  A.  Eddtj. 

Oni.EANs  County  Surkogatk'k  Office,  ) 
Alhion,  N.  Y.,  Feb.  4,  1873.  \ 

This  may  certify  that  I  am  personally  acquainted  with  Orange 
A.  Eddy,  Esq.,  of  Holley,  in  this  county,  and  have  been  for  many 
years,  and  I  know  him  to  be  a  gentleman  of  the  strictest  integrity, 
a  good  lawyer,  and  he  has  the  entire  confidence  of  the  community 
where  he  resides,  and  is  entitled  to  the  confidence  of  all. 

JOHN  G.  SAWYER, 
Covnty  Judge  of  Orleatis  Co.,  JV.  Y. 


i 


809 


NEW  YORK. 


j  ■ 


HUDSON  —  Columbia  County. 

Samuel  EdtrnrdM. 

First  National  Bank  «f  Hudson,  ) 
Hudson,  N.  Y,,  JVov.  20,  ih7'2.      f 

I  confidently  recommend  Mr.  Samuel  Edwards,  an  attorney  of  this 

city,  as  competent  and  reliable  in  businoHs  matters  intrusted  to  him. 

K.  li.  SIIEPAItD, 

Cashier  Mrst  Natiotutl  Jiank,  Jlmhon^  N.  Y, 

HUNTINGTON  -  Suflfolk  County. 

Henry  C.  IHatt  (ex-Member  of  Legislature). 

Statk  of  Nkw  York,  ) 
Coimti/  of  iSiifolk,      \  **•  •' 

I,  John  11.  Reid,  County  Judge  of  Suffolk  county,  do  lieroby  cer- 
tify that  1  am  well  acquainted  with  Henry  C.  Piatt,  Esq.  He  is 
one  of  our  most  active  lawyers,  of  excellent  standing,  and  of  pro- 
fessional integrity  and  personal  Avorth.  1  most  cheerfully  commend 
him  as  "  up  in  his  profession,"  energetic  in  prosecuting  cases,  and 
generally  successful  in  all  professional  ventures. 

JOHN  R.  REID,  Counti/  Judge  of  Suffolk  Co. 

ILION  — Herkimer  County. 

^' I*.  McWenny.         t        i.t  „         ,r 

Ilion  National  Bank,  JSTov.  9,  1872. 

We  have  had  occasion  to  use  Mr.  F.  P.  MctSmmy  as  an  attorney 
for  this  bank,  and  have  found  him  well  qualified  to  undertake  any 
leg.al  business  intrusted  to  him,  and  prompt  and  faithful  in  the 
interest  of  his  clients,  and  entirely  trustworthy. 

F.  C.  SHEPARD,  Cashier. 

JAMESTOWN  — Chautauqua  County. 

Abner  Hasieliine,  Jr. 

Ctiautauqua  County  Xaiional  Bank,  ) 
Jamestown,  N.  Y,  Jnn.  9,  liiVS.        j 
To  whom  it  may  concern  : 

A.  Hazeltine,  Jr.,  is  a  worthy,  competent  and  upright  attorney. 

D.  N.  MARVIN,  Cashier. 
Abner  Hazeltine,  Jr.,  is  an  attorney  and  counselor  of  mature  age, 
and  is  competent,  trustworthy,  and  any  professional  business  may 
")v  safely  intrusted  to  him. 

R.  P.  MARVIN, 
Justice  of  the  Siqjretne  Court,  New  York. 


2^EW  YORK. 

JEFFERSON  —  Schoharie  County. 
MoHCH  E.  Wilcox. 


303 


!  0/  Suffolk  Co. 


lONAf,  Bank, 


■  Ulster  County. 


KINGSTON 
Carpenter  &  Fowler. 

Or.ivEii  P.  Cakpenteb  (ex-Surrogato  Ulstor  county). 
CiiAULKs  A.  FowLBK  (District  Attorney). 


LIBERTY— Sullivan  County. 
Georffe  H.  Carpenter. 

.  LinBBTY,  N.  Y.,  Dec.  2,  1872. 

To  whom  it  may  concern: 

This  is  to  certify  tl.at  I,  Timothy  F.  Bush,  County  Judge  of 
Sulhvan  county,  New  York,  am  well  acquainted  with  George  IT 
Carpenter,  and  know  him  to  bo  of  good  character  and  standing, 
and  well  qualified  to  undertake  any  legal  business  intrusted  to  him 
Mr.  Carpenter  is  prompt  and  faithful  in  the  discharge  of  his  profes- 
sional duties  and  in  the  interest  of  his  clients,  and  I  take  pleasure 
m  recommending  him. 

T.  F.  BUSH,  County  Judge  of  Sullivan  Co.,  JST.  Y. 

LIVINGSTON  —  Columbia  County. 
Robert  Hood. 

Hudson,  March  17,  1873. 
This  will  certify  that  Mr.  Robert  Hood  is  an  attorney  and  coun- 
selor  at  law,  at  Livingston,  Columbia  county.  New  York,  is  practic- 
ing law  in  this  county  and  in  good  standing. 

THEODORE  MILLER, 

Justice  Supreme  Court  of  New  York. 


LOCKE 
John  E.  Cro2)sey. 


Cayuga  County. 


LOCKPORT  -  Niagara  County. 
L,  F.  <t  G.  W,  Jiowen. 

Messrs.  L.  F.  &  G.  W.  Bowen  have  transacted  business  for  us. 
and  have  always  given  satisfaction.— [Ed. 


I 


804 


JVEW  YORK. 


'\\  ti!ri(H!r 


;  if  !IP«*^ 


LYONS  — WayTie  County. 
Josrph  Welting  (ox-District  Attorney). 

MiKicK  ifc  Cole,  Bankers,      ) 
o  p.  T^,  „  I^YONS,  N.  Y.,  April  23,  1873.  \ 

DEAl^  SiK.— Coluiiel  J.  Welling  has  long  resided  in  this  county 
We  know  him  personally,  and  take  great  pleasure  in  bearing  testi- 
mony to  l)is  ability  and  integrity.  He  will  faithfully  execute  any 
trust  that  may  be  reposed  in  him. 

Respectfully  yours, 

MIliICK  &  COLE. 

MALONE  —  Franklin  County. 
H.  A.  Taylor  (ex-District  Attorney). 

I  certify  that  I  am  well  acquainted  with  Horace  A.  Taj-lor,  Esq., 
and  that  he  is  an  honest,  responsible  and  reliable  attorney  and 
counselor  at  law. 

ALBERT  HOBB,  County  Judge,  FranMin  Co. 

MIDDLETOWN— Orange  County. 
Dill  &  Ilojfce. 

CiiAs.  G.  Dill. 
Wm.  B.  Royoe. 

MiDDLETOWN,  April  29,,  1873. 

To  whom  it  may  concern  : 

We  are  well  acquainted  with  Dill  &  Royce,  attorneys  of  this 
place,  and  have  boon  several  years.  Their  personal  and  professional 
standing  is  good,  and  we  believe  them  to  be  fully  responsible, 
pecuniarily  and  otherwise,  for  all  business  and  legal  matters  they 
may  undertake. 

WM.  EVANS, 

W.  L.  GRAHAM,  Cashier  First  mdional  Bank, 

Middletoicn,  N.  Y. 


e,  Franklin  Co. 


2!fEW  YORK. 

r^u       .     /^^B^GH- Orange  County. 
Chas.  St.  John  Vail. 


305 


HtGnLAND  National  Bank       ) 

•-  " I. 


Yours  respectfully, 

ALFllED  POST,  7Ve«^c/e«#. 
M.  C.  BELKNAP,  Cashier. 
S.  W.  FULLERTON.  County  Ju^ge  of  Orange  Co. 

NEW  ROCHELLE- Westchester  County 
Edmmid  J.  Porter  (ex-Member  N.  Y.  Legislature). 

NEW  YORK -City  and  County 
Bushnell  &  Albright  (No.  28V  Broadway). 

Joim  C.  BUSIINELL. 

James  P.  Albright. 

Associate  Counsel: 

S.  Jones,  late  Judge  Sujjerior  Court. 

''iZ'  fof  T"/  ^.^'''°^'*  '•^'"■'  'y2--nission,  to 

on.  John  L.  Freedman,  Justice  Supem,r  Cour  ,  N.  Y  city 
lion,  feamuel  Jones,  late  Justice  Superior  Court,  N  Y  II 
Hon.  James  a  Spencer,  late  JustiJsuperior  Conn  N  Tdtv 
Hon.  .Joseph  F.  Barnard,  Judge  Supreme  Court  N  'y    2d  S' 

D.  D.  Ci-a.g,  Cashier  Iron  Nat.  Bank,  Morristown,  New  Jersey. 

l^ORWICH-Ch^nango  County. 
C//r^s.  Shumivay. 

Refers  to  Hon.  E.  H.  Prindle,  M.  C.  and  Hon   H  P   P  •  ^, 

NYACK-Rockland  County. 
^6m>M  O.  Demarest. 

20 


306 


NEW  YORK. 


Hi' 


'i\ 


■  ■ 


m 


^^Bm^ 

t 

' .  j 

^H' 

\  ■ 

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A 

^^H| 

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^^^^^Bb^ 

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1 

'I 

OGDENSBURGH— St.  Lawrence  County. 
X.  Masbrouekf  Jr, 

I  certify  tliat  L,  Ilasbrouck,  Jr.,  is  an  attorney  of  good  profeg- 
sional  standing. 

A.  B.  JAJVIES,  Justice  Sup.  Vt. 
Ogdensbubgu,  Oct.  22,  1872. 

ONEIDA— Madison  County. 
tTas,  B.  Jenkins. 

Reference,  if  required,  Oneida  Valley  National  Bank,  of  Oneida; 
Barnes,  Stark  &  Munroe,  Bank  of  Oneida.  I  am  attorney  for  both 
of  these  banks.  J    B   J 

ONEONTA— Otsego  County. 
J,  H.  &  M.  Keyes. 

Jas.  H.  Keyes  (ex-District  Attorney). 
Melville  Keyes. 

OSWEGO— Oswego  County. 
Bhodes  &  JParlchurst. 

CuAS.  IlnouKS. 
Geo.  W.  Pakkuurst. 

OXFORD— Chenango  County. 

Bu'if/lU  H.   Clarke    (ex- Judge  of   Surrogate  and  District 
Attorney  of  Chenango  county). 

;Hon.  Dwight  H.  Clarke  is  an  excellent  lawyer,  a  prompt  and 
skillful  practitioner,  and  a  n^an  of  unimpeachable  probity  of  char- 
acter. 

J.  M.  PARKER,  Justice  Supreme  Court. 

OWEGO  ~  Tioga  County. 
Lyman  Settle, 

Lyman  Settle  is  an  attorney  and  counselor  at  law,  practicing  in 
the  Supreme  and  County  Courts  of  this  State,  in  good  standing  iind 
reputation. 

J.  M.  PARKER, 
Justice  of  the  Supreme  Court  of  New  York, 
OwEGo,  N.  Y.,  December  17,  1869. 


i,.. 


X  /Supreme  Court. 


JV£:W  YORK.  307 

PATCHOGUE-Suflfolk  County. 
Richard  Jennings, 

PHCENIX  — Oswego  County. 
Lorenzo  W.  Mobinson. 

To  who7n  it  may  concern  : 

This  is  to  certify  that  I  have  known  Lorenzo  W.  Robinson  for 
the  1  St  fifteen  years,  and  believe  him  well  qualified  to  undertake 
any  legal  business  intrusted  to  him,  and  is  prompt,  hontld 

;:;;i":::rS'""-^^^^  -' ''-  -'-'-  -^  ^^^^  --^—  ^^  c^- 

PLATTSBURGH-Clinton  County. 
Geo.  IT.  Beckwith. 

Saratoga  Springs,  November  1, 1872 
h.  M.  Kneeland,  Esq.,  Albany,  N.  Y.  : 

De.r  SIR.-I  have  known  Mr.  G.  H.  Beckwith,  of  Plattsburirh 
,  N.  Y.,  ever  since  he  was  admitted  to  practice  nn^  tnV^    ,"'""' S^, 
cenifying  to  his  ability,  faithfulness' anTStgHtr  H^^^^ 
to  l.nn.     Indeed,  I  regard  him  one  of  the  leading  lawyers  of  his 

A.  BOCKES,  Justice  of  Supreme  Court. 
PORT  BYRON  -  Cayuga  County. 
C.  W.  names  (formerly  Special  Surrogate,  Cayuga  county). 

PORTLANDVILLE- Otsego  County. 
Robert  M.  Townsend. 

See  Ap.LT'''''^'^'*^'^-^^*^^-^  <^--ty. 

^^I'ASKI- Oswego  County. 
Nathan  B.  Smith  (formerly  Member  of  Legislature). 

Tn  ,„/       .,  Pulaski  National  Bank,  Pulaski  X  Y 

^oi'^hom  It  may  concern:  i^i^^bKi,  .>.  x. 

Innrdrr  ''"P'^y^^^^'--  N.  B.  Smith  as  an  attorney  for  this 
'^a..k  o„  several  occasions,  and  he  has  discharged  the   b„ 


siness 


308 


NE\Y  YORK 


intrusted  to  his  attention  to  our  satisfaction.  Mr.  S.  is  faitliful  and 
prompt,  and  wc  believe  liim  well  qualified  to  perform  any  legal 
business  in  which  his  services  may  be  required. 

^  J.  H.  CLAIIK,  Cmhier. 


H    n 


/ 


RHINEBECK— /Sfee  Wappingeu's  Falls. 

ROCHESTER— Monroe  County. 
M,  &  G.  H.  Humphrey. 

Hakvky  Humphrey  (ex-County  Judge). 

GeOKGK  II.  IIUMPHKEY. 

II.  &  G.  n.  Humphrey  have  practiced  their  profcGsion  for  many 
years  in  this  city,  and  I  cheerfully  recommend  them  as  responsible 
lawyers,  and  worthy  in  every  respect  of  confidence  and  patronaj^e. 

All  business  intrusted  to  them  will  be  conducted  ably,  with 
fidelity  and  promptness. 

E.  DARWIN  SMITH,  Justice  Supreme  Court. 

RocnESTER,  N.  Y.,  Dec.  23,  1872. 

H.  &  G.  H.  Humphrey  have  practiced  their  profession  for  many 
years  in  this  city,  and  I  cheerfully  recommend  them  as  responsible 
lawyers,  and  in  every  respect  worthy  of  credit  and  patronage. 
T.  A.  JOHNSON,  Justice  of  the  Siqy.  Ct.  of  N.  Y. 

SARATOGA  SPRINGS  —  Saratoga  County. 
Carr  tt*  Petevs. 

Jonx  J.  Carr. 
Elias  H.  Peters. 

The  Commercial  National  Bank  op  Saratoga  Springs. 
To  whom  it  may  concern : 

We  have  on  several  occasions  made  use  of  Messrs.  Carr  &  Peters 
as  attorneys  for  this  bank,  and  have  found  them  well  qualified  to 
undertake  any  legal  business  intrusted  to  thera.  They  are  faithful 
and  prompt  in  their  clients'  interest. 

S.  H.  RICHARDS,  Cmhier. 

SCHAGHTICOKE  — Rensselaer  County, 
Elihii  Butts, 


JVA^W  TO  UK 


309 


CLARK,  Cashier. 


Ice  Supreme  Court, 


JAEATOGA  Springs, 


;HARDS,  Cashier. 


SCHENECTADY -Schenectady  County. 
E.  W.  Paiye. 

Schenectady,  N.  Y.,  Bee.  12,  1872. 
b.  F.  Kneeland,  Esq.: 

Mv  Dear  SiH.-Mr.  E.  W.  Paige,  a  member  of  the  Schenectady 
bar,  ,s  well  known  by  me  to  be  a  young  man  of  character,  ability 
and  responsibility.  •' 

PLATT  POTTER,  Justice  Supreme  Court. 

SCHENEVUS-Otsego  County. 
C.  H.  Graham* 

ScHENEVus,  Nov.  30,  1872. 
We,  the  undersigned,  take  pleasure  in  recommendincr  C.  H 
Graham,  Esq.,  of  Schenevus,  Otsego  county,  N.  Y.,  as^bein^^  a 
lawyer  well  q,ialified  to  undertake  any  legal  business  intrusted'to 
hnn.  Mr.  Graham  is  prompt  and  efficient  in  collecting,  and  faith- 
ful  m  the  interest  of  his  clients. 

H.  CHESTER, 

Cashier  T.,  C.  <&  Co.'s  Bank. 

JAS.  M.  THOMPSON,  Supervisor. 
J.  T.  THOMPSON,  Merchant, 
and  Prest.  of  Thompson,  Chester  <&  Co.'s  Bank. 
M.  F.  PERRY,  Merchant. 
SAML.  S.  EDICK,   Otsego  Co.  Judge. 

SHERBURNE -Chenango  County. 
Belofi  L.  Atkyns. 

Office  of  Sheiiburne  National  Bank  ) 
Siierhurxe,  N.  Y.,  Bee.  26,  1872.      '  f 
This  certifies  that  D.  L.  Atkyns  has  transacted  business  as  attor- 
■}  lor  the  above  named  bank,  and  we  believe  him  qualified  to 
•■.Hi   o  such  legal  business  as  may  be  intrusted  to  him,  and  that 

J.  PRATT,  I^-est.  Sherburne  Nat.  Bank. 

SIDNEY  PLAINS -Delaware  County. 
Chai*.  T.  Alvei'Hon, 


310 


JVFW  YORK. 


V 


ir 


iJifUi- . 


I  Ml. 


'\ 


i'H     '  i 


SKANEATELES— Onondaga  County. 


Wm,  G.  Bllery. 

Skaneateles  Savings  Bank,  Nov.  27,  1872. 
To  whom  it  may  concern : 

Wm.  G.  Ellery  is  the  regular  attorney  of  this  bank,  and  in  all 
the  business  intrusted  to  him  by  us  he  has  proved  himself  well 
qualified  and  promi)t  in  the  discharge  of  his  duties.  Clients  will 
lind  him  faithful  and  capable. 

JOSIAS  GARLOCK,  IVeamrer. 
Banking-House  op  C,  Pardee  &  Co.,  ) 

SUCCESSOK  TO  FlKST  NATIONAL  BaNK  OP  SkANEATELES.  \ 

"We  cheerfully  indorse  the  above  recommendation. 

AUGT.  TREMAIN,  Cashier. 

STAMFORD— Delaware  County. 
Jas.  II.  3IcKee. 

I  take  pleasure  in  certifying,  from  my  personal  knowledge  of  the 
character  and  qualification  of  my  friend,  Jas.  H.  McKee,  Esq.,  that 
he  will  faithfully  discharge  any  duties  that  may  devolve  upon  him 
through  the  influence  of  our  Association.  I  deem  him  thoroughly 
honest,  capable  and  devoted  to  his  professional  demands.— [EiT 

SYRACUSE  — Onondaga  County. 
SedfjivickSf  Kennedy  &  Tt'acy. 

CiiAs.  B.  Sedgwick  (ex-Member  of  Congress). 
CuAs.  H.  Sedgwick. 

Geo.  N.  Kennedy  (ex-Member  of  Senate,  New  York  State). 
Wm.  G.  Tracy. 

References:    Hon.   I^  Roy  Morgan,  Justice  Supreme  Court; 
Hon.  Chas.  Andrews,  Judge  Court  of  Appeals. 

THREE   MILE    BAY,    CHAUMONT    and    DEPAU- 

VILLE  — Jefferson  County. 
Chas.  A.  Kelsey  (P.  O.,  Watertown,  N.  Y.). 
'To  whom  it  may  concern : 

This  is  to  certify  that  I  am  personally  acquainted  with  Mr.  C.  A. 
Kelsey,  Esq.,  a  member  of  the  bar  of  Jefferson  county;  that  I 


J    '■' 


J^FW  YORK. 


311 


KK,  Nov.  27,  1872. 


and    DEPAU- 


consider  him  well  qualified  to  transact  legal  business.      He  is  fa.  h- 
ful  in  the  interest  of  his  clients,  and  is  successful  with  cases  in  the 
County  Court.    This  testimonial  is,  therefore,  most  cheerfully  given. 
A.  II.  SAWYER,  County  Judge  of  Jefferson  Go. 
Watbbtown,  December  10,  1872. 

TROY— Rensselaer  County. 
Cole  &  WilJcinson. 

Edmund  L.  Coi.k. 
Aljiadus  Wilkinson. 

I  hereby  certify  that  Almadus  Wilkinson,  Esq.,  is  a  lawyer  of 
integrity  and  good  professional  standing. 

December  4,  1873.  ^^  '''™  '^^^'^'  ^-^'  ^^  '^"^^^• 

TRUMANSBURa- Tompkins  County. 
J.  Be  Motte  Smith. 

I  heieby  certify  that  I  believe  J.  De  Motte  Smith,  of  Trumans- 
burg,  N.  Y.,  to  be  a  gentlemanly  and  reputable  attorney. 

RANSOM  BALCOM,  Justice  of  the  Supreme 
Court,  Sixth  Judicial  District^  JV.  T. 

UNADILLA  — Otsego  County. 
CUjford  S.  Ames  (ex-Member  of  Legislature). 

Or  „  a    A  T^  BiNGUAMTON,  March  1,  1873. 

Clifford  S.  Ames,  Esq. :  >    "<«. 

Dear  Sib.— I  take  pleasure  in  certifying  to  your  good  standing 
as  a  lawyer,  and  good  character  in  every  respect.  I  do  not  hesitate 
to  say  that,  in  my  opinion,  any  business  intrusted  to  you  will  be 
faithfully  and  properly  managed. 

Very  respectfully  yours, 

RANSOM  BALCOM,  Justice  of  the  Sup.  Ct. 


31» 


NEW  YORK. 


i'.  i  I  i 


tJTIC A  — Oneida  County. 
ConkUngf  Lovd  a>  Coxe, 

ROHCOK  CoNKLiNo  (U.  S.  Senator,  formerly  Member  of  Con- 
gress).  " 

ScoiT  Lord  (formerly  Judge  of  Livingston  Conntv) 
Alfkeu  Coxu:. 

F1K8T  National  Bank  op  Utica  ) 
(State  Bank  op  Utica),  C 

y,      .        .,  Utica,  N.  Y.,  iVb«.  30,  1872.     ) 

10  whom  it  may  concern  : 

I  am  well  acquuinted  with  Messrs.  Conkling,  Lord  &  Coxe  attor- 
neys at  law  of  this  city,  and  know  them  tot  distingui'ellTke 
for  capacity,  efhc.ency  and  fidelity  in  the  conduct  of  matters 
intrusted  to  their  care.  '".lutis 

P.  V.  ROGERS,  Cashier. 

VALATIE  — Columbia  County. 
Farrar  c&  Gardenler. 

WAPPINGER'S  FALLS,   FISHKILL,  RHINEBECK 

and  PINE  PLAINS  -  Dutchess  County. 
Jno.  W,  Bartrum  (P.  O.,  Wappinger's  I'alls). 

aJlif^^^rED  ^^'  "^'''^'"™'  -^"i-'  *"*  ^^  ^"  attorney  of  integrity  and 

WARRENSBURGH- Warren  County. 
Thomas  Cunningham. 

April  18,  1873. 
I  hereby  certify  that  Thomas  Cunningham,  of  this  place,  is  per- 
fectly responsible,  an  active  lawyer,  sharp  collector. 

FRED.  V.  BURHANS, 
Director  Glen's  Falls  JSTat.  Bank. 

WATERTOWN  -  Jefferson  County. 
F,W  Huhhard  (formerly  Justice  of  the  Supreme  Court  and 
Judge  of  the  Circuit  Court  of  the  State  of  New  York). 
Testimonial  waived. 


iEIlS,  Cashier. 


of  integrity  and 


J^A'W  YORK. 

WATBRVILLE  -  Oneida  County. 
VHni  &  CoffycHhaU. 


813 


"^tj  j^:;:  ^^^^^^^'^  ^'^^"^^  ^"--^  '^-^  «i-iai 

JrKNKY  J  CooaKs„A.L  („ow  Member  of  the  Legislature,  for- 
uierly  AssiHtant  District  Attorney). 


■\ 


WATKINS  -  Schuyler  County. 
B.  W.  &  a  31.  Woodward. 

ScHUYLKK  County  Bank, 
SiTCCKSsou  TO  F.KST  National  Bank  of  Watkins, 
Watkins,  N.  Y.,  April  17,  1873. 
b.  I .  Knkeland,  Esq.  : 

SiK.-V7e  consider  B.  W.  &  C.  M.  Woodward,  attorneys  able 
and  prompt  men  to  transact  any  law  business  y'ou  may  s  nd  to 
then,.    They  do  the  most  of  our  legal  business.  ' 

Very  truly  yours, 

W.  M.  PELLET. 

J.  D.  PAYNE,  President. 

WAVERLY- Tioga  County. 
Wm.  F.  Warner  (formerly  Special  County  Judge) 

wY'  f '•^:'!«q"^'^^"t«^^  ^ith  Wm.  F.  Warner,  attorney  at  law  of 
y  vorly,  Tioga  county,  and  very  cheerfully  certify  to  his  fitTess 
to-character  and  legal  abilities,  for  any  business  pertaining   oh  ^ 
profession  with  which  he  may  be  intrusted.  ^ 

CHARLES  A.  CLARKE,  Co.  Judge  of  Tioga  Co. 


8U 


iVij'ir  Yoiif{. 


YONKERS  —  Westchester  County. 
Win.  mieii. 

To  whom  it  mm/  concern  ; 

I  liJivo  observed  the  practice  an  an  attornt  and  coiiimt'lor  at  law 
of  William  Ililey,  of  Yonkers,  WestcheHtor  county,  New  Vork,  at 
tlie  bar  of  the  Huid  county,  ami  'iclievo  him  to  be  well  (lualided'  to 
undertake  any  legal  bu.sincHs  intrusted  to  him.  Mr,  l{iley  appearn 
to  be  prompt  and  faithful  in  the  intercHt  of  hin  clientH,  ami  I  very 
cheerfully  accord  him  this  testimonial. 

SILAS  D.  GIFFORl),  Westchester  Co.  Judt/c. 
White  Plains,  Dec.  31,  1872. 


i- 


.' 


I  I  - 


illil 

i.'lllii!!- 


NORTH  CAROLINA. 


315 


NORTH  CAROLINA. 


hc9tcr  Co,  Judjc, 


ENACTMENTS  AFFECTING  COMMERCE. 

AoKNowLKDOMENTs.    Seo  Deeils. 

Alikns  may  hold  unci  enjoy  all  lands  acquired  by  them  in  this 
State  cither  by  way  of  purchase,  descent  or  devise.  See  title, 
^'hiijIiU  of  Aliens:^  ' 

AuKKsT.-The  provisions  in  relation  to  arrest  in  civil  actions 
unpnsonment  for  debt  and  attachments,  are  similar  to  those  in 
the  State  of  New  York.     See  Nem  York. 

ArrAcuMENTa.  Seo  Ai^est. 
■  Bills  of  Exchange  and  PROMissoEr  Notes  are  governed  by 
the  common  law,  except  that  the  indqrser  on  a  promissory  note 
18  only  Imb  e  as  a  surety.  No  protest  is  therefore  necessary,  and 
upon  default  the  nuiker  must  be  immediately  and  vigorously  pur- 
sued at  law  to  hold  the  indorser. 

Bills  of  Sale  are  only  valid  as  to  third  parties  when  regis- 
tei-cd,  or  followed  by  delivery  and  continued  change  of  posses- 

Cuattel  Mortgages  are  valid  when  registered  in  the  county 
^yhcre  the  mortgagor  resides,  or  followed  by  a  change  of  posses- 
sion of  the  mortgaged  property. 

Deeds  and  Mortgages  may  be  acknowledged  or  proved  before 
any  commissioner  for  the  State  of  North  Carolina,  or  before  a 
c(..um..s.oner  specially  appointed  by  a  probate  judge  in  this  State 
lor  that  purpose,  or  before  the  highest  judicial  officers  in  the 
State  where  executed,  under  their  seal  of  office;  and  if  taken  out 
the  United  States,  before  the  chief  magistrate  of  a  city,  under  its 
corporate  seal  or  any  ambassador,  minister,  consul  or  commercial 
agent  of  the  United  States,  under  their  official  seal.    The  acknowl- 


316 


NORTH  CAROLINA. 


«   .  hi 


li^_lJi_ 


edgincnt  of  a  marriecl  woiiinti  must  bo  taken  separato  and  apart 
from  hor  huBhaiid. 

Form  of  Acknowledgments.     Sco  Appuiulix,  Formn. 
Record  o/— Deeds  and  mortgages  and  other  inHtriimeiits  in 
writing  by  which  any  interest  in  real  estate  is  conveyed,  except- 
ing leases  for  throe  years  or  under,  must  bo  duly  tiled  for  probate 
and  recorded  within  two  years  from  the  date  thereof. 

Estates  of  Dkokaskd  Persons.— Notice  must  be  given  to  all 
creditors  within  twenty  days  from  the  granting  of  letters,  to  pre- 
sent their  claims  within  a  certain  time  therein  limited,  generally 
one  year  thereafter ;  creditors  not  presenting  their  claims  within 
the  speeiiied  time,  lose  the  bcnotit  of  the  division  by  the  execu- 
tors or  administrators  of  the  property  in  their  hands ;  but  they 
may,  nevertheless,  collect  their  claims  thereatler  from  the  persons 
succeeding  to  the  property  of  the  deceased  as  heirs,  devisees  or 
legatees.     The  debts  of  the  deceased  rank  in  dignity  us  follows: 
let.  Specific  liens.     2d.  Funeral  expenses.     3d.  Taxes.     4Hu 
Debts  duo  the  State  or  the  United  States.     5th.  Judgment  liens.' 
Cth.  Wages  and  medical  services  for  one  year  preceding  the 
decease.    7th.  All  other  debts  and  demauda. 
Executions.     See  Judgments. 
Exemptions  : 

Homestead  includes  any  real  estate  occupied  and  selected  hy 
the  debtor,  being  a  resident  and  householder,  to  the  value  of 
$1,000. 

Personal  property  to  the  value  of  $500,  to  be  selected  by  such 
debtor,  is  also  exempt  from  execution. 

Imprisonment  fob  Deut.     See  Arrest. 

Interest  and  Usury  : 

Legal  Rate,  6  per  cent. 

AllowaUe  hy  special  contract  in  writing,  8  per  cent 

Usury  forfeits  all  interest,  but  does  not  affect  the  principal. 

Judgments  of  the  courts  of  record  oj)erate  as  liens  on  real 
estate  in  the  county  where  perfected,  or  where  transcripts  thereof 
are  docketed.  A  judgment  of  a  justice's  court  becomes  a  lien 
from  the  date  of  levy  under  execution,  or  from  the  filing  of  a 
transcript  thereof  in  the  superior  court  of  the  county  where  ren- 
dered. 


NOnTH  CAROLINA. 


81T 


Jparato  iiiid  apart 


LiMrrATioN  OF  Actions: 

8ix  J/ortM*.— Actions  for  slaudor. 

One  rcar.-ActionangainBt  a  i)ubHc  officer  for  trespnsB  under 
color  ot  lu8  office,  or  for  tlio  escape  of  a  prisoner  arrested  on  civil 
l.rocess;  upon  a  statute  for  a  penalty  or  forfeiture,  and  for  i)er- 
sonal  wrongs.  ' 

Three  Years.- UWom  on  any  contract,  obligation  or  liability, 
except  official  bonds  and  scaled  instruments ;  upon  a  liability  crea- 
ted by  statute  other  than  a  penalty  or  forfeif-re;  for  trespass  on 
real  property,  or  taking,  detaining  or  injuring  personal  property, 
and  tor  tlio  specihc  recovery  of  personal  property. 

Seven  J'm;-*.— Actions  on  justices'  judgments. 
_    Ten  r^'ar*.— Actions  on  judgments  of  a  court  of  rocurd  ;  sealed 
nistrumente;  for  the  foreclosure  or  redemption  of  a  mort-acro 
and  actions  for  relief,  not  otherwise  provided  for.  "  "  ' 

Makkied  Women  may  retain  and  contn  1  all  the'r  ser.raie  pro- 
perty, real  or  personal,  but  cannot  make  vaud  executon  contracts 
and  are  not  personally  liable  for  any  debt  contracted  during 
coverture.  * 

Pbomissort  Notes.    Sec  Bilh  of  Exchange. 

Wills  require  two  witnesses,  except  where  a  will  is  found 
among  the  valuables  of  the  deceased  or  lodged  by  him  for  safe- 
keeping in  the  hands  of  some  friend,  and  wholly  in  the  hand- 
writing of  the  testator,  in  which  case  no  witness  is  required,  pro- 
vided the  signature  can  be  proved  by  three  disinterested  persons. 


818 


NORTH  CAROLINA. 


NORTH   CAROLINA. 


5v 


CHARLOTTE  — Mecklenburg  County. 
Jones  &  Johnston. 

Hamilton  C.  Jones  (formerly  State  Senator). 

Robert  D.  Johnston. 
This  firm,  who  come  to  us  well  indorsed,  will  take  charge  of 
business  in  the  counties  of  Lincoln,  Anson,  Stanly  and  Cabarras,  as 
well  as  for  Mecklenburg  county. 

ELIZABETH  CITY  —  Pasquotank  County. 
Wm.  F.  Martin. 

fi    J.    ^  ^  Elizabeth  City,  N.  C,  Jan.  1,  1873. 

o.  F.  Kneeland,  Esq.: 

Dear  Sir.— I  have  known  Col.  Wm.  F.  Martin  well,  from  the 
begmning  of  his  professional  life  (now  near  thirty  years),  and  know 
that  he  enjoys,  in  a  high  degree,  a  well  deserved  reputation  for 
ability  as  a  lawyer,  and  integrity  in  all  his  business  relations. 
Very  respectfully, 

G.  W.  BROOKS,  Judge  U.  S.  Bist.  Gt.  for  N.  G. 

FAYETTEVILLE  -  Cumberland  County. 
Jolm  W.  Hinsdale. 

Fatetteville  National  Bank,       ) 
Fayeti'eville,  N.  C,  A2)ril  22,  1873.  j 
I  am  well  acquainted  with  CoL  John  W.  Hinsdale,  an  attorney 
of  this  place,  and  I  know  him  to  be  reliable  in  everv  "articular. 
Any  business  intrusted  to  him  will  be  promptly  attended' to. 

WM.  HUSKE,  Gashier 


NORTH  CAROLINA. 


319 


GOLDSBOROUQH- Wayne  County. 
Smitlif  Strong  &  Smedes. 

Wm.  N.  H.  Smith. 

George  V.  Strong  (formerly  District  Solicitor,  Third  Judicial 

District). 
A.  K.  Smedes. 

Newbeen,  N.  C,  Dec.  16,  1R72. 
This  is  to  certify  that  the  firm  of  Smith,  Strong  &  Smedes  con- 
sists of  Wm.  N.  H.  Smith,  George  V.  Strong  and  A.  K.  Smedes 
rehable  attorneys,  in  good  standing  of  my  court,  and  that  the 
senior  members  of  said  firm  are  among  the  leading  lawyers  of  this 
State,  and  none  better. 

WM.  J.  CLARKE, 

Judge  S.  C.  Third  Judicial  District  c^  North  Carolina. 

GRANVILLE  -  Pitt  County. 
S.  S.  Wallace. 

LEXINGTON-Davidson  County. 
JoJm  M.  Welborn. 

Recommended  by  a  prominent  and  responsible  member  from 
North  Carolina. 


MIDDLETON 
Lewis  H.  Barron. 


Hyde  County. 


MURPHY— Cherokee  County. 
Rolen  &  Cooper, 

John  Rolen  (Member  of  Legislature). 
James  W.  Cooper. 
Recommended 

R.  H.  CANNON,  Judge  Twelfth  Jud  Dist. 

NEWBERN  — Craven  County. 
Leonidas  J.  3Ioore  (ex-State  Senator  of  North  Carolina). 
Office  of  Judge  Third  Jud.  Dist.,  Newbern,  N  C    ) 
April  14,  1873.  '  j- 

I  hereby  certify  that  L.  J.  Moore,  of  Newbern,  N.  C,  is  a  lawyer 
oi  good  standing,  and  duly  authorized  to  practice  in  all  the  courts 


320 


NORTH  CAROLINA. 


1. 


Mil  ; 


,i; 


If' 


of  this  State,  and  I  cheerfully  commend  Iiim  to  the  favoraWe  con- 
sideration of  all  persons  having  need  of  his  professional  ficrvices. 

WM.  J.  CLARKE,  Judf/e  of  Sup.  Court. 

NEW  SALEM  — Randolph  County. 
Ilowgill  Julian  (formerly  Presiding  Justice  County  Court). 

OXFORD  — Granville  County. 
Jno.  W.  Hayes, 

State  National  Bank,         ) 

a  -p  V  r:^  Raleigh,  N.  C,  March  21,  1873.  f 

o.  i*.  Kneeland,  Esq.:  y    -^lo.  ^ 

Deab  Sir.— Yours  to  hand.  We  have  known  Mr,  John  W 
Hayes,  attorney  at  law,  Oxford,  N.  C,  long  and  well.  He  stands 
very  high  in  his  profession,  as  prompt,  reliable,  energetic  and  atton- 
tive  to  his  business.  Indeed,  we  consiuer  you  as  fortunate  in  num- 
bering him  among  your  correspondents. 
Very  respectfully, 

JOHN  G.  WILLIAMS,  Prmdent. 

RALEIGH— Wake  County. 
TJios.  P.  Devereujc. 

Citizens'  National  Bank  op  Raleioh  ) 
Raleigh,  N,  C,  June  6,  1873.        '  \ 
S.  F.  Kneeland,  Esq.,  Albany,  K  Y.  : 

Deau  Sir.— I  am  requested  to  state  the  standing  of  Mr.  T.  P 
Devereux,  a  lawyer  of  this  city,  in  connection  with  a  1  w  collection 
agency.  Mr.  Devereux  is  a  member  of  the  bar  in  Italeigh,  is  » 
m  a  of  high  character  and  standing,  and  I  have  no  hesitation  in 
saying  that  any  business  intrusted  to  him  will  bo  promptlv  and 
efficiently  done. 

Respectfully, 

W.  E.  ANDERSON,  Prest. 
I  concur  in  the  above  recommendation, 

R.  M,  PEARSON, 

Chief  Justice  of  Supreme  Court  of  N.  C. 


NORTH  CAROLmA. 


821 


AMS,  Pi-mdent 


SALISBURY -Rowan  County. 
John  S.  Henderson, 

T        .-     ,  Salem,  February  28,  1873 

I  certify  that  John  S.  Henderson,  of  Salisbury,  Rotan  couniv 
practices  law  m  several  of  the  Superior  Courts  in  the^ilhr  t  /* 
cal  District  of  North  Carolina;  ?hat  he  Tan  a    or-^^^^^ 
standing,  and  attentive  to  the  duties  of  his  profession  ^ 

JOHN  M.  CLOUD,  Judge  Eighth  Ju.  Diet,  of  II.  C. 

WARRENTON  -  Warren  Co-intv 
Chan.  A.  Cook.  ^' 

Kecommcnded  by 

JOHN  M.  CLOUD,  Judge,  etc. 

WAYNESVILLE- Haywood  County. 
W.  B.  tt-  G.  S.  Ferguson. 

^^'^^BSTER,  N.  C,  Dec.  23,  1872 

Messrs  W.  B.  &  G.  S.  Ferguson  are  prompt  and  reliable  lawyers 

and  by  tlieir  energy  and  ability  they  have  merited  the  liS 

patronage    hey  now  receive.      I  have  marked  with  pleasure  4e 

p^npt^and  energetic  manner  in  which  they  seou.  Slenne^tB' 

R.  H.  CANNON,  Judge  of  the  Twelfth  Judicial 
District  of  North  Carolina. 

WENTWORTH  -  Rockingham  County. 
^>  F.  Watkins.  ^ 

WILMINGTON -New  Hanover  County. 
Marsden  Bellamy  (formerly  County  Solicitor). 

21 


H     ,       .' 


Ill 


322 


orrio. 


OHIO. 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.    See  Deeds. 

Aliens.     See  title,  "  Eights  of  Aliens." 

Arrest  in  Civil  Actions. — The  defendant  may  be  arrested  in 
a  civil  action  by  filing  with  the  clerk  of  the  court  in  which  the 
action  is  brought  a  bond  for  double  the  amount  claimed  in  the 
complaint,  together  with  an  affidavit  of  the  creditor,  or  his  author- 
ized agent  or  attorney,  made  before  the  judge  of  any  court  of 
the  State,  or  clerk  thereof,  or  justice  of  the  peace,  stating  the 
nature  of  the  claim,  that  it  is  just,  and  the  amount  thereof,  and 
establishing  one  or  more  of  the  following  particulars  : 

Ist.  That  the  debtor  has  removed  or  begun  to  remove  some  of 
his  property  out  of  the  jurisdiction  of  the  court,  with  intent  to 
defraud  his  creditors. 

2d.  That  he  has  begun  to  convert  his  property,  or  a  part 
thereof,  into  money  for  the  purpose  of  placing  it  beyond  the 
reach  of  his  creditors. 

3d.  That  he  has  property  or  rights  of  action  which  he  fraudu- 
lently conceals. 

4th.  Tliat  he  has  assigned,  removed  or  disposed  of,  or  is  about 
to  assign,  remove  or  dispose  of,  or  has  begun  to  dispose  of  his 
property,  or  a  part  thereof,  with  intent  to  defraud  his  creditors. 

5th.  That  he  fraudulently  incurred  tiie  obligation,  or  con- 
tracted the  debt,  for  which  suit  is  about  to  be  or  has  beeu 
brought. 

The  sheriff,  on  receipt  of  the  order  of  arrest,  shall  at  once  take 
the  debtor  into  custody  and  hold  him  until  bail  is  given,  or  the 
amount  of  money  stated  in  the  order  shall  have  been  deposited, 
or  he  is  discharged  by  the  court. 


onio. 


323 


which  he  fraudu- 


Attachments  will  be  granted  in  a  civil  action  for  the  recovery 
of  money,  where  the  plaintiff  files  an  affidavit  with  the  clerk  of 
tlie  court  in  which  the  action  is  or  is  about  to  be  brought,  setting 
hxiV  the  nature  of  the  claim,  that  it  is  just,  and  the  amount 
thereof,  and  showing,  further,  the  existence  of  one  of  the  follow- 
ing  grounds : 

1st.  That  the  debtor,  or  one  of  the  several  debtors,  is  a  non- 
resident or  foreign  corporation  ;  or, 
2d.  Has  absconded  with  the  intent  to  defraud  his  creditors ;  or, 
3d.  Has  left  the  county  of  his  residence  to  avoid  the  service  of 
summons;  or, 

4th.  So  conceals  himself  that  summons  cannot  be  served  upon 
Inm;  or,  ^ 

5tli.  Is  about  to  remove  his  property,  or  a  part  thereof,  out  of 
the  jurisdiction  of  the  court  with  the  intent  to  defraud  his  credit- 
ors; or, 

Cth.  Is  about  to  convert  his  property,  or  a  part  thereof,  into 
money  for  the  purpose  of  placing  it  beyond  the  reach  of  his 
creditors ;   or, 

7tli.  Has  property  or  rights  in  action  which  he  conceals ;  or 

8th.  Has  assigned,  removed  or  disposed  of,  or  is  about  to 
assign,  remove  or  dispose  of  his  property,  or  a  part  thereof,  with 
the  intent  to  defraud  his  creditors ;  or 

0th.  Has  fraudulently  contracted  the  debt,  or  incurred  the 
obhgation,  for  which  suit  has  been  or  is  about  to  be  brought 

No  bond  is  required  when  the  debtor  is  a  non-resident  or 
ioreign  corporation  ;  and  the  order  for  attachment  is  only  .n-anted 
against  such  parties  where  the  demand  is  upon  a  contrac?,  iudo-- 
ment  or  decree.  * 

Where  the  order  is  granted  for  any  of  the  other  causes  before 
nientioned,  a  bond  must  be  filed  for  double  the  amount  claimed 
by  the  plaintiff. 

Bills  of  Exchange  and  Peomissoey  J^^o':E8  are  governed  by 
the  common  law. 

Bills  of  Sale  are  valid  when  executed  and  filed  in  the  same 
manner  as  chattel  mortgages. 

Chattel  Moetgaoes  must  be  filed  with  the  clerk  of  the  town- 
ship or  city  where  the  mortgagor  resides,  if  a  resident  of  this 


324 


OHIO. 


ill 


But  tiling  is  not  ik 
gage,  or  persons  li».\j' ,:  .' 
tlie  mortgaged  property  ■ , 

Dkkds  and  Mobtoaoks. 


Snite  ;  otherwise  with  the  clerk  of  the  township  or  city  m  which 
the  property  lies;  and  within  thirty  days  next  preceding  the 
expiration  of  a  year  from  the  execution  thereof  they  muBt  be 
re-tiled,  with  a  sworn  statement  of  the  amoiint  due  and  claimed 
thereon,  or  such  mortgages  will  be  absolutely  void  as  to  subse- 
quent |)urchasers,  creditors  and  mortr;agees  in  good  faith. 

r  r.s  between  the  parties  to  a  mort- 
*1  notice  of  its  existence,  or  when 
ill  the  possession  of  the  mortgagee. 

—All  instruments  in  writing  affecting 
the  title  to  real  estate,  except  leases  for  three  years  or  under,  must 
be  signed  by  the  grantor,  his  authorized  agent  or  attorney,  in 
the  presence  of  two  or  more  subscribing  witnesses,  duly  acknow- 
ledged, sealed,  delivered  and  recorded  in  the  clerk's  office  of  the 
county  where  the  property  is  situated. 

The  acknowledgment  may  be  taken  without  the  State  before 
a  judge  of  the  Supreme  Court,  or  a  Court  of  Common  Pleas, 
justice  of  the  peace,  notary  public,  mayor  or  other  presiding  offi- 
cer of  an  incorporated  town  or  city,  a  connnissioner  for  the  State 
of  Ohio  or  a  United  States  consul. 

Form  of  Achiowledgments.     See  Deeds. 

Estates  of  Deceaskd  Persons.— Claims  should  be  presented 
to  the  executor  or  administrator  within  nine  months  from  the 
date  of  his  appointment,  and  the  esti-.e  must  be  settled  within 
eighteen  months  from  the  time  of  granting  letters  of  adminis- 
tration. Actions  upon  disputed  claims  must  be  commenced 
within  six  months  from  their  rejection,  except  where  a  claim  is 
not  due  ;  then  in  six  months  from  the  tune  when  it  becomes  due. 

Actions  against  executors  or  adi  Inistrators  are  barred  in  four 
years  from  the  time  of  their  giving  bonds,  without  the  cause  of 
action  accrue  or  property  is  discovered  after  the  expiration  of  the 
said  four  years. 

Debts  of  the  deceased  rank  in  dignity  as  follows  :  1st.  Fune- 
ral expenses,  expenses  of  last  sickness  and  costs  of  administra- 
tion. 2d.  Twelve  months'  support  for  the  wife  and  children. 
3d.  Debts  entitled  to  a  preference  by  the  laws  of  the  United 
States.  4th.  Taxes  and  debts  due  the  State.  5th.  All  other 
debts. 


OHIO. 

See  ArreaU 


325 


Imi'risonment  foe  Debt. 

Intkkest  and  Usuky  : 

Leijal  liate^  6  per  cent. 

AUowaUe  by  special  contract,  8  i>er  cent. 

Usury  invalidates  the  excess  over  6  per  cent. 

JunoMENTS.-A  judgment  entered  durl.ig  term  time  is  a  lien 
on  the  real  estate  of  the  dofendant  in  the  county  where  recovered 
fruin  the  hrst  day  of  the  term;  but  judgments  by  confession,  or 
reudere<!  the  same  term  at  which  action  was  commenced,  operate 
as  a  hen  trom  the  date  of  recovery. 

If  execution  be  not  taken  out  and  levied  before  the  expiration 
of  uno  year  next  atler  the  rendition  of  a  judgment,  it  shall  not 
operate  as  a  lien  to  the  prejudice  of  any  other  bona  fide  judgment 
creditor;  and  if  execution  is  not  sued  out  within  five  years  the 
hen  ceases  and  the  judgment  becomes  dormant. 

Executions  are  a  lien  on  the  personal  property  of  the  defend- 
ant trom  the  date  of  delivery  to  the  sheriff. 

LunTATioN  OF  Actions  : 
_  One  r6Y«'.— Actions  for  libel,  slander,  assault,  battery,  mali- 
cious prosecution,  false  imprisonment,  and  statutory  penalties 
or  torieiture. 

Tm  Years.-Kn  action  for  forcible  entry  and  detention  of 
real  estate. 

Four  Imr*.— Actions  for  trespass  on  real  property;  fortakin<^ 
detaining,  injuring,  or  for  the  specific  recovery  of  personal  pro- 
perty; for  injuries  to  the  rights  of  the  plaintiii'  not  hereinbefore 
eimuierated,  and  for  relief  on  the  ground  of  fraud. 

Six  Years.— Actmm  upon  contracts  not  in  writing,  express  or 
imphed,  and  upon  statutory  liabilities,  except  as  hereinbefore 
hunted. 

Fifteen  Z"mr5.— Actions  upon  written  instruments. 

Twenty-one  ^m^^.-Actions  for  the  recovery  of  real  estate. 

A  cause  of  action  which  arose  in  another  State  between  non- 
residents of  this  State,  and  is  barred  there,  is  also  barred  in  the 
otate  ot  Ohio. 

Remvor.—A  part  payment,  or  written  acknowledgment,  or 
proimse  to  pay. 

Makried  Women  may  hold,  enjoy  and  dispose  of  all  the  prop- 


826 


onio. 


erty,  real  and  personal,  owned  by  them  at  marriage  or  acquired 
during  coverture  by  gift,  gniiit,  devise,  bequest  or  inheritance,  or 
by  the  j>roduct  of  their  own  labor. 

A  married  woman  may  contract  in  reference  to  her  separate 
property ;  but  the  law  does  not  favor  the  canying  on  or  con- 
ducting a  separate  business  by  the  wife  as  long  as  she  lives  with 
or  is  supported  by  the  husband. 

The  husband  may  be  joined  with  the  wife  in  all  actions  to 
which  she  is  a  party,  except  those  in  relation  to  her  separate 
property,  in  which  case  she  must  sue  by  her  next  friend. 

Promissory  Notes.    See  Bills  of  Exchange. 

Wills  must  be  in  writing,  signed  by  the  testator  or  by  some 
other  person  in  his  presence  and  by  his  request,  and  attested  by 
at  least  two  witnesses,  who  must  attach  tlieir  names  at  the  end 
thereof  in  the  presence  of  the  testator  and  of  each  other. 


OHIO. 


327 


OHIO. 


fe  in  all  actions  to 


ATHENS  — Athens  County. 

A,  G.  &  H.  T.  Brown, 

^     ,  Athens,  O.,  Jan.  11,  1873. 

To  whom  it  may  concern : 

I  certify  that  I  am  well  acquainted  with  Messrs.  A.  G.  &  H.  T. 
Brown,  of  Athens,  O.,  and  that  they  are  lawyers  in  good  standing, 
and  deemed  by  me  to  be  efficient  and  perfectly  reliable  and  respon- 
sible collectors. 

JOHN  WELCH,  Judge  Sup.  Court. 

BARNESVILLE  — Belmont  County. 
N.  J.  Mannhiy. 

Babnesville,  O.,  Dec.  4,  1872. 
I  have  had  occasion  to  use  N.  J.  Manning  as  an  attorney  on 
several  occasions,  and  have  found  him  well  qualified  to  undertake 
any  legal  business  intrusted  to  him.  Manning  is  prompt  and 
faithful  in  the  interests  of  his  clients,  and  this  testimonial  is  very 
cJieerfuUy  accorded. 

JOHN  BRADFIELD, 
President  First  Nat.  Bank  of  Barnesville,  0. 

BAT  A  VIA  — Clermont  County. 
(xeorge  L.  Swing  (ex-Judge  of  Probate  Court). 

BELL  AIRE  — Belmont  County. 
Joseph  B.  Smith, 

The  First  National  Bank,      ) 
Bellaiee,   Ohio,  May  10,  1873.  j 
S.  F.  Kneeland,  Esq.,  Albany,  N.  Y. : 

Dear  Sir.— This  is  to  certify  that  I  am  acquainted  with  J.  B. 
Smith,  Esq.,  of  this  city,  having  known  him  for  a  long  time  as  an 


32S 


t  i!  :  I 


5     > 

i 


OHIO. 


ottornoy  in  good  standing.     Any  busincHH  IntniHted  to  IiIh  care 
will  be  attended  to  with  promptneHS  und  iionor. 

ItcBpcctfully, 

A.  P.  TALLMAN. 

BELLEFONTAINE  — Logan  County. 
JE.  J,  HoweuHtine. 

„,      ,        .,  Bellkfontainb,  O,,  Oct.  28,  1872. 

Jio  10 hom  It  may  concern:  >      <*• 

E.  J.  Ilowenstiuo  is  an  attorney  residing  at  IJellcfoi.tairu.  in 
Logan  county,  Ohio.  lie  is  energetic,  competent,  trustworthy,  ind 
makes  collections  a  specialty. 

JAS.  LIESTEK,  Cashier  Belief ontaim  Nat.  Dank. 

WM.  LAURENCE,  l^-ent.  B.  Nat.  Bank. 

li.  LAMB,  iJash.  People's  Bank,  Belle/untaine,  0. 

CANTON— Stark  County. 
Zevl  M.  Jones. 

rp,     ,        .,  Canton,  Ohio,  January  23,  1873. 

lo  ichotmt  may  concern: 

We,  the  subscribers,  cheerfully  recommend  L.  M,  .Tones  as  an 
able  and  reliable  attorney  and  collector  ;  that  he  is  well  (jualHied 
to  attend  to  any  legal  business  which  he  may  undertake,  and  that 
he  is  prompt  and  faithful  in  the  interests  of  his  clients. 

ED.  W.  PAGE,  Clerk  of  Courts  .Stark  Co.,  Ohio. 

.TAS.  W.  UNDEKHILL,  Probate  Judr/e. 

GEO.  D.  IIAIITER  &  BROS.,  Bankers. 

C ARROLLTON  —  Carroll  County. 
A.  P.  Mortluml, 

A.  P.  Mortland,  Esq.,  is  a  member  of  the  bar  of  this  county  of 
good  standing  and  reputation  as  a  lawyer,  of  industrious  liabits, 
perfectly  reliable  and  responsible. 

I.  H.  TAYLOR,  Clerk  of  Courts. 


OHIO. 


riiHtctl  to  hiH  core 


329 


muarij  2.'J,  1873. 


CHILLICOTHE-RosB  County. 


Beach  &  Law  fence, 

Thomas  ]Jkai;h. 
WiLMAM  V.  Lawrence. 


RosH  County  National  Hank,      ) 

7,   1872.} 


CuiLiJcoTUE,  Ohio,  iJec.   27, 
To  whom  it  may  concern : 

Hiiyiiig  known  Tho.nas  Beach  &  Wm.  V.  Lawrence,  attorneys 
of  thiH  city,  for  some  years  past,  we  woukl  clieerfully  state  from 
our  knowledge  that  their  business  habits  and  qualitications,  as 
active  and  careful  business  men,  are  good,  and  that  they  are  well 
Muaiilu..!  to  undertake  and  prosecute  any  business  intrusted  to  them. 
iH'uig  prompt  and  faithful  in  the  interests  of  their  clients,  and  wo 
very  cheerfully  accord  this  testimony  in  their  behalf. 

A.  PEARSON,  Pi-esident. 

B,  P.  KINGSBURY,  Cashier. 

\Vc  cordially  indorse  the  above  testimonial, 

P.  G.  GRIFFIN,  Clerk  of  Courts,  Hoss  Co.,  Ohio 
W.  11.  SAFFORD,  Judr/e  Court  of  Common  Pleas, 
Second  Subd.  Fifth  Jud.  Dist.  of  Ohio. 

CINCINNATI  -  Hamilton  County. 
Chriat//,  Wriyht  cC  Simon  (No.  67  W.  Third  street), 
RoHEUT  Christy  (formerly  Member  of  Ohio  Legislature) 
Irvin  B.  Wright.  '' 

Israel  M.  Simon. 

Cincinnati,  May  26,  1873. 
Messrs.  Christy,  Wright  &  Simon  are  practicing  attorneys  la 
this  city  .and  well  qualified  to  attend  to  any  business  intrusted  to 
them.     I  cheerfully  give  this  testimonial  of  their  faithfulness  to  tho 
interest  ot  tlieir  clients  and  to  their  ability. 

M.  II.  TILDEN,  Judge  Superior  Court. 

CLEVELAND  -  Cuyahoga  County. 
J.  <0  J.  C.  Hutch  ins. 

John  IIutciiins  (ex-Mcmbor  of  Congress). 
John  C.  Hutciiins. 


880 


OHIO. 


I       I 


\ 


p 


II  ■  I 


COLUMBUS  —  Franklin  County. 
Otto  Dft'ttel  (cx-Alember  of  Lcgiwlaturc). 

Columbus,  O.,  Jan.  21,  1873. 
Mr.  Otto  Dresel,  attorney  at  '.aw,  resiJing  in  this  city,  is  an 
expcrioncecl,  reliable  and  responHiblc  practicing  lawyer,  faithful  in 
the  interests  of  his  clients,  and  well  qualified  to  attend  to  any  legal 
business  intrusted  to  him. 

JOHN  S.  GREEN,  Presiding  Judge  of  the  Court  of 
Common  Picas  of  Franklin  Co.,  Ohio. 

CRESTLINE  — Crawford  County. 

Nathan  Jones  (formerly  Prosecuting  Attorney). 

BucYRUs,  O.,  Oct.  26,  1872. 
To  whom  it  mag  concern : 

Tliis  certifies  that  I  am  personally  and  intimately  acquainted 
-with  N.  Jones,  Esij.,  attorney  at  law,  of  Crestline.  He  is  an  able 
lawyer,  a  prompt  and  energetic  business  man,  who  will  faithfully 
attend  to  all  business  intrusted  to  his  care. 

ABNEH  M.  JACKSON, 

Judge  of  the  Court  of  Common  Pleas. 

DAYTON  —  Montgomery  County. 
J".  J.  Bel  V  Hie, 

Dayton,  Ohio,  Feb.  21,  1873. 
S.  F.  Kneeland,  Esq.,  Albang,  JV.  Y.  : 

Dkau  Sir.— I  have  known  Mr.  J.  J.  Belville,  attorney  of  this 
city,  for  about  ten  years,  indeed  ever  since  he  entered  upon  the 
practice.  lie  is  careful,  prudent  and  reliable,  as  an  attorney,  and 
stands  well  in  the  community  and  among  the  profession.  I  am 
sure  he  will  faithfully  serve  those  who  intrust  business  to  him. 
II.  ELLIOTT,  Judge  Com.  Pleas  Ct.,  Second  Dist.,  0. 

Second  National  Bank,     ) 
Dayton,  Ohio,  Feb.  22,  1873.  f 
S.  F.  Kneeland,  Esq.,  Albang,  JV.  Y.  : 

Dear  Sir. — Mr.  J.  J.  Belville  has  practiced  law  in  this  city  for 
some  years.     I  regard  him  as  prompt  and  reliable. 

Respectfully, 

CHARLES  E.  DRURY,  Cashier. 


5     I 


OHIO. 


331 


TiiK  Dayton  National  Bank,  ) 
Dayton,  O.,  Feb.  22,  1873.       J 
S.  R  Knkkland,  Ewq.  : 

Dkau  Sir. — J.  J.  liolville,  attonu'y,  of  our  place,  has  l)een  in 
biiHincsH  liero  several  years,  and  lias  Hustaiiied  a  reputation  for 
proiniitness  and  correct  dealing  so  far  as  I  have  hoard  or  known. 

Yours, 

W.  S.  PHELPS,  Cimhkr. 

DEFIANCE  —  Defiance  County. 
8.  T.  Slltphen  (is  I'rosecuting  Attorney  for  Defiance  county). 

Defiance,  0.,Dec.  24,  1872. 
To  S.  F.  Kneeland,  Esq.,  Albany,  JV.  Y.  : 

Dear  Sir. — I  am  acquainted  with  S.  T.  Sutphcn,  Esq.,  and  know 
liiui  to  be  an  attorney  well  qualified  to  attend  to  any  business  in 
the  lino  of  the  legal  profession.     lie  is  prompt  and  reliable. 
Yours  respectfully, 

JACOB  I.  GREENE,  Probate  Judge. 

DELPHOS  — Allen  County. 
JoJin  King. 

Van  Wert,  O.,  Dec.  12,  1872. 
John  King,  Esq.,  is  an  attorney  and  counselor  at  law  in  my 
Judicial  District,  residing  at  Delphos.  I  regard  him  as  a  safe  and 
judicious  attorney  in  the  prosecution  and  collection  of  claims,  or 
other  matters  committed  to  his  charge  in  that  lino  of  practice.  He 
has  the  reputation  of  being  prompt. 

E.  M.  PHELPS,  07ie  of  the  Judges  of  the 
I'hird  Judicial  District,  Ohio. 

I  take  pleasure  in  concurring  in  the  above. 

JOS.  BOEIIMER,  Cashier,  First  Nat.  Bank,  Delphos,  0. 


iw  in  this  city  for 


IIURY,  Cashier. 


DELTA  — Fulton  County. 

lirailei/f  Geer  &  Waters. 

Moses  R.  Brailey  (formerly  Comptroller  and  State  Treasurer). 
B.  T.  Geer. 
OtTAVius  Waters. 


w  ■ 


i4 


-       !i 


; 


332 


OlfJO. 


SH.{ 


EATON— Preble  Coiinty. 
Jacob  U.  Foos. 

FiKsT  National  Bank  of  Eaton,  ) 
m      J.        .  Eaton,  O.,  Oct.  2i),  1872.       '  f 

10  whom  It  may  concern :  ' 

We  have  been  personally  acquainted  with  J.  II.  Foos,  Esq.,  an 
attorney  at  this  jjlace,  for  several  years,  and  take  pleasure  in 
statnig  that  he  is  a  good  lawyer,  a  man  of  excellent  character  and 
standing,  and  entirely  reliable  and  trustworthy. 

C.  F.  BROOKE,   Cas/iier. 
W.  M.  BROOKE,  I'rest. 

EL YRIA  — Lorain  County. 
Geo.  OlniStead  (formerly  District  Attorney). 

Elykia,  O.,  Mai/  2,  1873. 
3ferc?i(mts^  Protective  Lata  Association,  Albany,  JST.  Y.  : 

Gents.— George  Olmstead,  Esq.,  of  this  place,  is  a  member  of 
the  legal  profession,  a  gentleman  of  good  legal  attainments  and  of 
high  integrity,  and  stands  well  with  the  profession. 

Kespectfully, 
W.  W.  BOYNTON,  Judge  Lorain  Co.  Com.  Picas. 

GREENVILLE  — Darke  County. 
Henri/  M.  Cole, 

FREMONT— Sandusky  County. 
A.  B.  Pntnian  (formerly  Prosecuting  Attorney). 

Office  Pkohate  Couut,  Sandusky  County,  Ohio,  ) 
FijEMONT,  February  19,  1873.  '  f 

S.  F.  Kneeland,  Esq.,  Albany,  N.  Y. : 

.Deak  Siu.— I  can  clieerfully  recommend  A.  B.  Putman,  of  Fre- 
mont, O.,  as  a  practicing  attorney  in  good  standing  in  his  profes- 
sion, and  well  worthy  of  being  a  member  of  the'  Merchants'  Protec- 
tive Law  Association. 

Very  respectfully,  your  obed't  serv't, 
F.  WILLMEK,  Probate  Jiulye  Sandusky  County,  0. 


OHIO. 


333 


\Nic  OF  Eaton, 


JEFFERSON -Ashtabula  County. 
'E,  Jay  Pinncy. 

KENTON  —  Hardin  County. 
Kiuff  &  Watt. 

John  D.  King. 

James  Watt  (Prosecuting  Attorney). 

Bank  op  Exchange  and  Deposit,  ) 
Kenton,  Ohio,  Dee.  21,  1872.       J 
S.  F.  Kneeland,  Esq.,  Attorney  at  Law: 

Deau  Sir.— We  desire  to  refer  you  to  Messrs.  King  &  Watt  of 
tlus  place.  They  are  both  gentlemen  of  fine  ability  and  legal 
attainments,  honorable  and  responsible,  and  have  an  extensive  prac- 
tice in  this  county.  Respectfully, 

D.  THOMSON,  Cashier. 

LANCASTER  — Fairfield  County. 
Henry  C.  Urinkle. 


McCONNELSVILLE- Morgan  County. 
Gi'mtger  <£•  Foulke. 

Moses  M.  Granger  (ex-Judge). 

W.  M.  Foulke  (Prosecuting  Attorney). 

MANSFIELD — Richland  County. 
Geo.  W.  Statler. 

iilANSPiEiD,  Ohio,  Feb.  25,  1873, 
Mr.  b.  h .  Kneeland  : 

DE.VK  SiR.-Mr.  Geo.  W.  Statler,  who  is  an  attorney  of  this 
city,  IS  well  qualified  to  attend  to  any  legal  business  intrusted  to 
luni.  He  ,s  honest,  as  well  as  prompt  and  faithful,  in  the  interests 
01  his  clients,  and  this  testimonial  is  cheerfully  accorded. 

GEO.  W.  GEDDES,  Judge  of  Common  Fleas  Court. 


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Mabietta,  Ohio,  Dec.  7,  1872. 


MARIETTA  — Washington  County. 
Modney  K.  Shaw, 

S.  F.  Kneeland,  Esq. : 

I  hereby  certify  that  Rodney  K.  Shaw,  of  Marietta,  Ohio,  is  a 
lawyer  of  good  standing,  and  well  qualified  to  undertake  legal 
business  intrusted  to  him.  He  will  be  found  prompt  and  faithful 
to  the  interests  of  his  clients. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
[l.  s.]      affixed  my  official  seal,  this  6th  of  December,  A,  D.  1872. 
A.  W.  Mccormick,  judge  p.  a,  W.  Co.,  Ohio. 

MAT AMORAS— Washington  County. 
Jasper  Lisk, 

Office  of  the  Judge  of  Probate  Court,  ) 
Makieita,  Ohio,  Feb.  8,  1873.  \ 

I  certify  that  Jasper  Lisk,  Esq.,  of  Matamoras,  Ohio,  is  a  mem- 
ber of  the  bar  of  "Washington  county,  in  good  standing  in  the 
profession,  and  in  good  repute  for  promptness  and  integrity. 

Witness  my  hand   and  the  seal  of  the  Probate  Court,  at 
[l.  s.]     Marietta,  this  eighth  day  of  February,  A.  D.  1873. 

A.  W.  McCORMICK,  Jmlge  P.  C,  W.  Co.,  Ohio. 

MOUNT  VERNON  — Knox  County. 
Wm,  M.  SapJ)  (ex-Member  of  Congress). 

Mount  Vernon,  Ohio,  Mb.  21,  1873. 
2h  the  Merchmits'  Protective  Law  Association,  Albany,  Ni  Y.  : 

I  am  well  acquainted  with  Hon.  William  R.  Sapp,  as  an  attorney 
at  law,  and  know  him  to  be  well  qualified  to  undertake  any  le^al 
business  intrusted  to  his  care.  Mr.  Sapp  is  prompt  and  faithful  in 
the  interest  of  his  clients,  and  this  testimonial  I  cheerfully  accord 
to  him. 

JOHN  ADAMS, 
Judge  Sixth  Judicial  District  of  Ohio. 


NEWARK  —  Licking  County. 

Samuel  M,   Hunter  (Prosecuting  Attorney,   formerly  City 
Attorney). 


■^OJUL 


y,  formerly  City 


OHIO.  33J, 

NORWALK  — Huron  County. 
J.  &  C.  It,  Kennan, 

Jaieus  Kennan. 
Cortland  L.  Kbnnan. 

OTTAWA— PutnAm  County. 
Day  BiigJi, 

C.  H.  Rice  &  Co.,  Bankkes,      ) 
Ottawa,  Ohio,  January  27,  1873.  f 
S.  F.  Kneeland,  Esq.,  Attorney,  Albany,  JST.  Y.  : 

Deab  SixZ.— Your  favor  of  23d  received  and  noted.    In  reply  we 
would  say  that  V7e  have  known  Day  Pugh,  attorney  of  this  place 
for  ten  years.      lit  is  a  man  of  honesty  and  integrity.     He  is  a 
lawyer  of  fair  ability,  entirely  responsible  for  business  intrusted  to 
bim,  and  one  of  the  best  collectors  in  the  country. 

Yours  respectfully, 

C.  H.  RICE  &  CO. 

PAULDING— Paulding  County. 
Geo.  W.  Cox. 

Peobatb  Judge's  Office,  Paulding  County,  ) 
Paulding,  Ohio,  April  11,  1873.  [ 

To  all  %ohom  it  may  concern : 

Goo.  W.  Cox,  the  applicant  in  this  case,  is  a  person  of  good 
standing  in  this  community,  and  of  the  necessary  legal  qualifica- 
tions to  transact  any  business  that  may  be  intrusted  to  his  care. 
[^-  «•]  '     DAVID  C.  CAREY,  Probate  Judge. 

PERRYSBUEGH- Wood  County.      . 
Geo,  Strain  (formerly  Prosecuting  Attorney). 

n.      .        .,  Tiffin,  Ohio,  March  17,  1873.  ' 

It)  whom  It  may  concern: 

This  is  to  certify  that  George  Strain,  of  Perrysburgh,  Wood 
county,  Ohio,  is  an  attorney  and  counselor  at  law  in  the  several 
Courts  of  Record  of  said  State,  in  good  standing;  and  is  entitled  to 
all  confidence  for  ability,  integrity  and  promptness,  in  his  profes- 
sion and  as  a  citizen. 

Truly, 
JA3IES  PILLARS,  Judge  of  Court  of  Common 
Pleas  and  Dist.  Court  of  said  County. 


336 


OHIO. 


% 


J: 

p: 

I 


PORT  CLINTON  — Ottawa  County. 
Jas,  II.  May  ruder  (formerly  Prosecuting  Attorney), 

PORTSMOUTH  — Scioto  County.  ' 
F.  C.  Searl  (formerly  CouHty  Judge). 

The  J'irst  National  Baxk  of  Poktsmoutu  ) 
Portsmouth,  Ohio,  December  21,  1872.     '  f 
We  have  been  acquainted  with  F.  C.  Searl,  Esq.,  attorney  at  law 
of  this  place,  for  a  number  of  years.     He  is  careful  and  reliable  in' 
the  discharge  of  his  business,  and  we  cheerfully  recommend  him  to 
any  one  who  may  need  his  services. 

Very  respectfully, 

JAMES  Y.  GORDON,  Cashier. 

I  cordially  indorse  the  above,  and  cheerfully  recommend  .Air. 
Searl  as  a  competent,  careful,  prompt  and  responsible  attorney. 
J.  J.  HARPER,  Judge  Common  Fleas  Court. 

RAVENNA  —  Portage  County. 
W.  B.  Thomas, 

RIPLEY— Brown  County. 
Baird  &  Young. 

CiiAMBKBS  Baird  (ex-State  Senato"). 
Wm.  D.  Young. 

First  National  Bank  op  Ripley,  Ohio  ) 
Ripley,  Brown  Co.,  O.,  JSTov.  11,  1872.   '  [ 
To  whom  it  may  concerti : 

We  have  had  occasion  to  employ  Messrs.  Baird  &  Youn<?  as  attor- 
neys  tor  this  bank  on  several  occasions,  and  have  found  them  well 
quahfaed  to  undertake  any  legal  business  intrusted  to  them.  They 
are  prompt  and  faithful  in  the  interests  of  their  clients,  and  this 
testimonial  is  cheerfully  accorded. 

W.  T.  GALBRAITH,  Cashier. 


aji, 


OHIO. 


337 


IIDON",  Cashier. 


AITH,  Cashier. 


SALEM— Columbiana  County 
Henry  C.  Jones. 

Office  of  the  FmsT  National  Bank  of  Salem,  ) 

.  ^^ALEJi,  Ohio,  OctoJe;- 30,  ]872  f 

lownomit  may  concern:  '  ' 

We  have  used  Mr.  H.  C.  Jones  as  the  attorney  for  this  bank  and 
have  a  ways  found  him  well  qualified  to  undertake  anTwaf  w 
ness  nitrus  ed  to  him.  Mr.  J.  is  prompt  and  faithful  in'tELlt 
of  Ins  clients,  and  we  cheerfully  recommend  him  to  all. 

UICHARD  POW,  Cashier. 

SANDUSKY -Erie  County. 
Smmiel  C.  Wheeler. 

a  V  ir  X.  Sandusky,  Ohio,  June  12.  187^ 

S.  I .  Kneeland,  Esq.,  Albmiy,  MY- 

Very  respectfully, 

L.  S.  HUBBARD, 
I^esident  Second  Nat.  Bank,  Sandusky. 

SIDNEY -Shelby  County. 
Martin  cD  3IarUn. 

Wji.  J.  Martin. 
Ben.j.  F.  Martin. 
Refer  to  Hon.  Ira  Harris,  LL.D.,  Albanv  IVT  V    nv,/i  p    *  t 
Edwards,  of  the  Albany  L^w  Uni;ersity  ''  '      '  '^"''  ^''^' 

SPRINGFIELD  -  Clarke  County. 
J.  Warren  Keifer  (formerly  State  Senator). 

The  Mad  River  National  Bank  of  Springfield,  O    ) 
Springfiei^,  Ohio,  March  6,  1873  '  f 

Toae  Merchants^  Protective  Law  Association  of  Albany,  W  Y  • 

ness  matters  is  prompt  and  trustworthy.  ^  ''" 

Yours  respectfully, 

J.  W.  BALDWIN,  Preside,it. 
22  THOMAS  F.  McGRE\Y,  Cashier. 


838 


OHIO. 


TIFFIN  —  Seneca  County. 
Jacob  K,  JELuddle. 

The  National  Exchange  Bank  of  Tiffin,  O.,  | 
Tiffin,  Ohio,  December  18,  1872.  j" 

This  is  to  certify  that  I  am  well  acquainted  with  J.  K.  Huddle, 
Esq.,  attorney  of  this  place,  and  am  pleased  to  commend  him  as  a 
gentleman  of  eminent  personal  character,  prompt  and  energetic  in 
business  and  worthy  of  confidence  and  patronage. 

O.  C.  ZELLER,  Cashier  Nat.  Exchange  Bank. 

The  First  National  Bank  of  Tiffin,  [ 
Tiffin,  Ohio,  19</t  December,  1872.      \ 

To  whom  it  may  concern : 

We  had  occasion  to  use  J.  K.  Huddle,  Esq.,  as  an  attorney  for 
this  bank  on  several  occasions,  and  have  found  him  well  qualified  to 
undertake  any  legal  business  intrusted  to  him.  Mr.  H.  is  prompt 
and  faithful  in  the  interests  of  his  clients,  and  this  testimonial  is 
very  cheerfully  accorded. 

J.  T.  HUSS,  Cashier. 

TOLEDO  — Lucas  County. 
JoTifi  FitcJi,  Jr. 

This  is  to  certify  that  John  Fitch,  Jr.,  is  of  good  moral  character 
and  of  respectable  standing  as  a  member  of  the  Lucas  county  bar. 

JOSHUA  R.  SENEY, 
Judge  of  the  Court  o:'  Com.  Pleas  of  Lucas  Co.,  0. 
Toledo,  June  14,  1873. 

VAN  WERT  —  Van  Wert  County. 

Martin  Knupp  (P.  O.,  Ottawa,  Ohio). 

Ottawa,  Ohio,  January  28,  1873. 
I  hereby  certify  that  Martin  Knupp  is  an  attorney  of  good  stand- 
ing in  this  county. 

JOHN  KUHN,  Probate  Judge  of  Pttnam  Co.,  Ohio. 


WAP AKONETT A  — Auglaize  County. 
B.  McMurray. 


I 


OHIO. 

WAEEEN  -  TnunbuU  County. 
George  P.  Hunter. 


339 


Exchange  Batik. 


\  HUSS,  Cmhier. 


Mtnam  Co.,  Ohio. 


WAUSEON- Fulton  County. 
W.  a  Kelly,  ^ 

Cordially  recoraraendecl. 

A.  S.  LATTY,  Judge  Com.  Pleas,  Fulton  Co. 

WELLSVILLE- Columbiana  County. 
J.  W.  Melllu  (formerly  Member  of  Ohio  Legislature). 

FiusT  National  Bank  of  Wkllsville,  O.,  ) 
rr     n     .        .,  Wkllsville,  O.,  Oct.  27,  1872.  \ 

10  <(fl  whom  It  may  concern :  ' 

I  vc-ry  cheerfully  recommend  J.  W.  Reilly,  attorney  in  this  place 
as  a  responsible  and  active  attorney,  and  as  to  his  capacity  c^^i 
only  say  that  he  ,s  the  legal  and  professional  adviser  of  our  ba^ 

JAMES  IIENDEKSOX,  Cashier. 

WILMINGTON -Clinton  County 
iVills  tC-  Jelley. 

Clinton  County  National  Bank,  ) 
„,     ,        .  Wilmington,  O.,  Hb.  19,  1873.      f 

Jo  whom  It  mag  concern:  ' 

Messrs.  Mills  &  Jelley  act  as  attorneys  for  this  bank,  and  we  can 

cconunend  them  as  being  well  qualified  to  undertake  any  legal 

business  intrusted  to  them.     They  are  prompt  and  faithful  in  the 

?  n       °'   n  ?;;"■  •^"'^"''  '"*^  *'"^  testimonial  is  given  with  the 
onhd  nee  th.nt  the  interests  of  their  client,  are  always  well  and 
properly  cared  for,  ^ 

R.  E.  DOAN,  Pi'eskhnt. 
J.  H.  McMillan,  CasMer. 

WOOSTER  -  Wayne  County. 
Imac  Johnmn. 

WoosTEU,  O.,  ^jo;77  26,  1873. 
».  i^.  Kneelani),  Esq.,  Albany,  K  Y.: 

Dear  S.R.-IIaving  known  Isaac  Johnson,  attorney  at  law,  in 
Woosier,  O.,  from  his  boyhood,  and  having  l,een  associated  i,.  cases 
with  him,  I  can  say  that  I  have  always  found  him  prompt  in  the 


840 


OHIO, 


1? 


dischargo  of  his  duties,  and  it  gives  me  groat  pleasure  to  recom- 
mend him  to  your  patrons  as  a  young  man  to  whom  they  may 
intrust  their  interest  witli  the  assurance  that  it  will  receive  prompt 
and  efficient  attention. 

Truly  yours, 

JOS.  H.  DOWNING, 
Jiulje  of  the  Probate  Court  of  Wayne  Co.,  Ohio. 


YOUNGSTOWN  — Mahoning  Coimty. 
J.  A,  Justice, 


11(11 


ZANESVILLE  — Muskingum  County. 
Thomas  J.  Tat/lor. 


ml 


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OREGON. 


341 


OREGON. 


ENACTMENTS  AFFECTING  COMMERCE. 


AcKxVowLEDGsiENTS.     See  Deeds. 

Aliens.— The  Constitution  provides  that  "white  foreigners 
wlio  are  or  may  liereafter  become  residents  of  the  State  shaU 
ciiioy  the  same  rights  in  rdation  to  the  possession,  enjoyment 
and  descent  of  property  as  natural  born  citizens." 

Akkest  and  Impkisonment  for  Debt.— An  order  of  arrest  will 
be  granted  on  the  grounds  ])re6cribed  for  arrest  in  the  State  of 
iNewlork.     i^QQ  New  Yorl) 

ATTAciiMENT8.-An  attachment  will  issue  during  the  pendency 

,  '"Uf """  *'"*'  ^^'^  ""'^^^'^  ^*"  "^°"«y  «^-  damages  where  tl/e 
plaintiff  files  an  undertaking  with  one  or  more  sureties  in  a  sum 
not  less  than  $100,  and  equal  to  the  amount  claimed  in  the 
action,  together  with  an  affidavit  that  the  defendant  is  a  forei-n 
corporation,  or  non-resident  of  the  State,  or  has  departed  there- 
trom  with  intent  to  defraud  his  creditors,  or  keeps  himself  con- 
cealed therem  with  a  like,  intent,  or  has  removed  or  is  about  to 
remove  his  property  from  the  State,  or  has  assigned,  secreted  or 
disposed  of  the  same  with  a  like  intent;  or  that  the  debt  was 
fraudulently  contracted. 

IhLLs  OF  Exchange  and  Promissory  Notes  are  governed 
entirely  by  the  law  merchant. 

Bills  of  SALE.-The  la  v  provides  that  every  sale  of  personal 
property,  capable  of  immediate  delivery  to  the  purchaser,  and 
every  assignment  of  such  property  by  way  of  mortgage  or  secu- 
rity, or  upon  any  condition  whatever,  unless  accompanied  by 
""mediate  delivery  and  followed  by  an  actual  and  continued 
c  lange  of  possession,  creates  a  presumption  of  fraud  as  against 
tiie  creditors  of  the  vendor  or  assignor  during  his  possession  or 


m 


842 


OREGON. 


1,1    I 


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as  against  subsequent  purcliasers  in  good  faitli  and  for  n  valuable 
consideration,  disputable  only  by  making  it  appear,  on  the  part 
of  the  person  claiming  under  such  sale  or  asHignnient,  that  tlio 
same  was  in  good  faith  for  a  sutHcient  consideration,  and  without 
intent  to  defraud  such  creditor  or  purchasers.  J  Jut  this  i)re8ump- 
tion  does  not  exist  in  the  case  of  a  mortgage  duly  filed  or 
recorded. 

CnATTKL  MoKTOAOES.     Scc  BUU  of  Sale. 

Chattel  mortgages  must  be  renewed  within  thirty  days  pre- 
vious to  the  end  of  each  year  by  filing  a  copy  thereof,  to  which  is 
attached  a  sworn  statement  by  the  mortgagee  of  the  extent  of  his 
interest  in  the  mortgaged  premises,  or  Buch  statement  is  attached 
to  the  original  mortgage. 

Deeds  and  Mortgages  may  bo  acknowledged  according  to  the 
laws  of  the  State  where  executed;  but  a  clerk's  certillcate  inuht 
be  attached,  showing  that  the  instrument  is  executed  according 
to  the  laws  of  such  State,  and  that  the  signature  of  the  oflicer  is 
genuine. 

Deeds  executed  in  a  foreign  country  may  be  executed  nc(;ord- 
ing  to  the  laws  of  such  country,  and  acknowledged  before  a 
notary  public,  United  States  minister,  charge  d'alfaires,  coimuis- 
sioner  or  consul,  under  the  ofKcial  seal  of  such  oflicer.  The 
acknowledgment  of  a  married  woman  need  not  be  taken  sej''  rate 
from  her  husband  when  the  instrument  is  executed  out  of  the 
State. 

Form  of  Acknowledgments.     See  Ai)pendix,  Forms. 

Estates  op  Deceased  Persons. — Every  executor  or  adminis- 
trator must,  immediately  after  his  a])|)ointment,  ])ublish  a  notice 
in  a  newspaper  printed  in  his  county,  if  there  is  one;  and  if 
none,  then  in  a  paper  designated  by  the  court,  as  often  as  once 
a  week  for  four  successive  weeks;  which  notice  shall  rc(pure  all 
persons  having  claims  against  the  estate  to  present  them  vvitliin 
six  months  from  the  date  of  notice.  Claims  not  presented  witiiiu 
the  six  months  cannot  be  paid  until  the  claims  jjresented  within 
that  period  have  been  satisfied.  Claims  duly  presented  and  jiro- 
perly  verified  will  be  paid  according  to  the  following  order  of 
preference :  1st.  Funeral  charges.  2d.  Taxes  due  the  United  Stafcs. 
3d.  Expenses  of  last  sickness,     itl:.  Taxes  due  the  State  or  any 


OREO  ON, 


343 


pul.lic  corporation  therein.    5th.  Debts  preferred  according  to  tho 
hiwH  of  the  United  States.    6th.  Liens  on  tlie  real  estate  of  the 
(ioceabcd  created  prior  to  his  deatli.     7th.  All  other  clainis. 
ExKcuTioNs.     See  Judgments. 

ExEMiTioNs.— This  State  does  not  have  a  homestead  law.  Tho 
tollowing  personal  property  is  exempt:  books,  pictures  and 
musical  mstruments  to  the  value  of  $75  ;  wearii:g  apparel  to  tho 
value  ot  $100,  and  to  tho  value  of  $50  to  each  member  of  the 
householder's  family;  tools,  implements,  apparatus,  team,  vehi- 
do,  liarncss,  or  library,  when  necessary  in  tho  occupation  or  pro- 
tessio!!  of  a  judgment  debtor,  to  the  value  of  $400.  To  a  house- 
liuldcr,  in  addition  to  the  above,  ten  sheep  with  one  year's  fleece 
t\vo  cows,  iivo  swine;  household  goods,  furniture  and  utensils  to 
the  value  of  $300;  also  three  months' feed  for  stock  and  six 
nionths  provision  for  ' '.o  family.  The  exeinption  does  not  apply 
uii  a  judgment  for  the  purchase-price. 

Lmpkisonment  fok  Deut.    See  Arrest. 

Intekest  and  Usury  : 

Lcijal  Rate,  10  per  cent. 

AUoioaUe  by  express  agreement,  12  per  cent. 

Usunj  forfeits  both  principal  and  interest.  The  former  in 
favor  of  the  school  fund  of  tho  county  where  action  is  brought 
Jmlgment  m  a  usurious  contract  being  entered  against  the  plain- 
tilt  tor  the  costs  of  the  action,  and  in  favor  of  the  State,  for  tho 
use  of  said  fund,  for  the  principal  sum  loaned. 

JLTD0MENT8.-The  entry,  lien  and  effect  of  judgments  is  the 
same  as  m  the  State  of  Now  York.    (See  New  York.) 

Limitation  of  Actions  : 

One  J "yw.— Actions  on  open  accounts. 

Tu,o  Year8.-Kci\om  for  libel,  slander,  assault  and  battery 
and  false  imprisonment. 

Three  Years.-Aatiom  against  a  sheriff,  coroner  or  constable. 
or  tor  a  penalty  or  forfeiture. 

-S'.^  Years.-Aiithm  on  contracts,  not  including  sealed  instru- 
ments and  judgments ;  upon  statutory  liabilities,  except  penalties 
or  orteitures;  for  taking,  detaining  and  injuring  personal  pro- 
perty, and  tor  criminal  conversation. 

2hi  Years.-AGtiom  upon  judgments  and  sealed  instruments. 


344 


OREGON, 


I 


>iji 


lill 
I- 


Twenty  Years. — Actions  for  tho  recovery  of  real  property. 
Actions  barred  in  tho  State  where  tho  cumso  of  arose  cannot  be 
enforced  in  this  State. 

Makiueu  Women.— Tlio  property  and  pecuniary  rights  of 
every  married  woman,  at  the  time  of  marriage  or  afterward 
acquired  by  girt,  devise  or  inheritance,  shall  not  be  subject  to 
the  debts  or  contracts  of  her  husband.  A  declaration  of  the 
wife's  separate  personal  property  must  bo  recorded  in  tho  county 
clerk's  office.  The  wife  may  contract  in  reference  to  her  sepa- 
rate estate. 

Wn,L8  must  be  executed  by  the  testator  in  the  presence  of  two 
subscribing  witnesses. 


OREGON. 


345 


OKEGON. 


e  presence  of  two 


BAKER  CITY— Baker  County. 
i.  O.  Stei-nit  (fonuorly  County  Judge  and  State  Senator). 

Pknuletox,  Umatu.i.a  County,  Oregon  ) 
April  26t/i,  1873.  '  j" 

S.  F.  Knekland,  Esq.,  Albamj,  JV.  Y.: 

Dear  Sik.— I  cheerfully  recommend  lion.  L.  O.  Sterns,  of  Baker 
City,  Oregon,  as  a  safe  and  judicious  counselor,  and  an  honest  and 
reliable  attorney. 

Very  respectfully, 

L.  L.  McARTIIUR, 

Justice  of  the  Supreme  Court  of  Oregon. 

HILLSBOROUGH  — Washington  County. 
Tho8.  II.  Tongue. 

rr     1,    J.        ..  March  20th,  1873. 

Jo  all  wnom  it  may  concern: 

This  is  to  certify  that  Thomas  II.  Tongue  is  an  attorney  in  good 
standing,  of  industrious,  temperate  habits,  attentive  to  business 
intrusted  to  his  care,  and  is  a  trustworthy  and  efficient  collector, 
lie  is  practicing  in  the  courts  of  this  county  and  State. 

THOS.  HUMPHREYS, 
County  Jmhje  of  Washington  County,  Oregon. 


346 


PENN8YLVA.YIA. 


ii 


PENNSYLVANIA; 


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ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.     See  Deeds. 

Aliens,     See  title,  ''Rights  of  Aliens.'^  ' 

Arkest  m  Civil  Actions.— Imprisonment  for  debt  is  abol- 
ished in  all  actions  on  contract,  except  in  case  of  fraud.  The 
defendant  may,  however,  be  arrested  if  it  appears,  to  the  satistac- 
tion  of  the  judge,  upon  sufficient  affidavits  that, 

1st.  He  is  about  to  remove  any  of  his  property  out  of  the  juris- 
diction of  the  court,  with  the  intent  to  defraud  his  creditors ;  or, 

2d.  That  he  has  property  which  he  fraudulently  conceals  ;  or, 

3d.  That  he  has  property  which  he  refuses  to  apply  to  the 
payment  of  the  judgment  of  the  complainant ;  or, 

4th.  That  he  has  assigned,  removed  or  disposed  of,  or  is 
about  to  assign,  remove  or  dis])ose  of,  any  of  his  property,  with 
the  intent  to  defraud  his  creditors ;  or, 

5th.  That  he  fraudulently  contracted  the  debt  in  suit. 

Upon  conviction  the  debtor  is  committed  to  prison  until  he 
pays  the  debt,  or  gives  security,  or  is  discharged  under  the  State 
insolvent  laws. 

Attachment. — The  same  facts  must  be  proved  as  in  cases  of 
arrest,  and,  in  addition,  the  plaintiff  must  give  bonds  in  double 
the  amount  of  the  claim,  conditioned  for  the  payment  of  all 
damages  sustained  by  the  debtor  on  account  of  the  attachment, 
provided  the  plaintiff"  tails  to  recover  judgment. 

Property  of  a  non-resident  may,  in  ail  cases,  be  attached.  The 
plaintill  must  file  a  bond  in  this  case,  also,  but  it  is,  practically, 
in-.^rely  a  matter  of  form  where  the  claim  is  just. 

Bills  of  Exchange.     See  Promissory  Notes. 


W  f 


PEN-WSYL  VANIA. 


347 


BiLL3  OF  Sale  are  valid  as  to  third  parties,  only  where  there 
is  an  actual  change  of  possession. 

Chattel  Mortgages  are  not  in  general  tise  in  this  State. 
Possession  of  personal  property  is,  in  all  c&%q&,  prima  facie  evi- 
dence of  ownersl ' -.  No  valid  lien  can,  therefore,  be  created 
upon  it. 

Deeds  op  Teust  are  valid,  as  to  real  estate,  if  recorded. 

Deeds  and  Moktgages  : 

Aehiowledgments  of.— If  taken  out  of  the  State  and  within 
the  United  States,  may  be  made  before  the  mayor  or  chief  mao-- 
istrate  of  any  incorporated  town  or  city  (under  the  public  seal), 
any  judge  of  a  court  of  record,  or  any  officer  qualiiied  to  take 
acknowledgments  in  tlie  State  where  taken,  if  certified,  under 
the  seal  of  any  court  of  record  that  the  othcer  taking  the  acknow- 
ledgment is  duly  qualiiied. 

If  taken  without  the  United  States  before  any  minister,  charge 
d'affaires,  consul  or  vice-consul  of  the  United  States. 

Form  of  Acknowledgments.     See  Appendix,  Forms. 

Estates  of  Deceased  Persons.— Executors  or  administrators 
are  required  to  close  up  the  estate  of  the  deceased  within  one 
year  from  the  time  of  granting  letters  of  administration ;  but  claim- 
ants may  prove  their  claims  at  any  time  before  fihng  the  report 
of  the  auditor  appointed  to  settle  the  executors'  or  administrators' 
accounts. 

Execution.     See  Judginent  and  Exemptions. 

Exemptions.— Wearing  apparel  of  the  debtor  and  his  family, 
school  books  and  Bibles,  and  $300  worth  of  other  property,  either 
real  or  personal,  to  be  selected  by  the  debtor. 

Imprisonment  for  Debt.     See  Arrest. 

Interest  and  Usurv  Laws  : 

Legal  Rate,  6  per  cent. 

A  contract  for  more  than  six  per  cent  is  not  binding,  and  any 
excess  may  be  recoverea  back  if  suit  is  commenced  for  that  pur- 
pose within  six  months  from  the  time  of  making  the  payment. 

Judoment  may  be  taken  out  of  court.  It  is  a  lien  upon  the 
real  estate  of  the  defendant,  in  the  county  where  entered,  for  five 
years  from  the  date  of  entry,  but  does  not  cover  after-acquired 


348 


PENNSYL  VAN  I  A. 


property  until  the  siieriff 'a  certifit'ate  of  levy  is  filed.  Executions 
may  issue  against  real  estate  w-  out  first  exhausting  tlie  per- 
sonal property.  A  justice's  judgment  becomes  a  lien  upon  tlie 
filing  of  a  transcript  in  the  Court  of  Common  Pleas  for  the 
county  in  which  the  real  estate  is  situated,  and  it  maybe  enforced 
in  the  same  manner  as  a  judgment  of  the  Common  Plea»  Court, 

LnnxATioN  of  Actions  : 

Six  Years.— K\\  actions  on  accounts,  notes,  contracts  not  under 
seal,  and  all  actions  in  tort  for  the  unlawful  taking  or  conversion 
of  personal  property  or  trespass  upon  real  estate. 

Twenty  J"m/'s.— Judgments  and  itistruments  under  seal. 

A  part  payment  or  verbal  promise,  if  positive  and  unambigu- 
ous, will  revive  the  debt. 

Maeeied  Women.— a  married  woman  retains  all  property 
owned  before  marriage  or  acfiuircd  thereafter.  She  can  make 
no  valid  contract,  except  in  the  case  mentioned  below,  and  her 
notes  or  indorsements  are  void.  She  may,  however,  by  joinin<r 
with  her  husband,  give  a  mortgage  on  her  separate  property*] 
and  she  may,  by  an  order  of  the  court,  have  her  separate  earnings 
secured  to  her.  And  upon  proof  to  the  court  that  her  husband  has 
deserted  or  refuses  to  support  her,  she  may  be  declared  a  "/e;«e 
sole  trader;'  when  she  may  carry  on  business  and  sue  and  be 
sued  in  her  own  name. 

Peomissqey  Notes  and  Bills  of  Exciiangk  are  governed 
entirely  by  the  law  merchant  or  common  law,  Drafts  or  bills  of 
exchange,  payable  at  sight,  are  due  on  presentation  without  grace. 

Judgment  notes  are  in  general  use,  but  are  not  negotiable  until 
after  entry  of  judgment. 

Wills.— Real  estate  may  be  devised  at  the  ago  of  twenty-one, 
and  personal  property  at  the  age  of  seventeen,  ^rarried  women 
are  not  excluded  from  making  wills  of  tluiir  separate  ])n)i)orty. 
Wills  must  be  in  writing  subscribed  by  the  testator  in  the  pres- 
ence of  at  least  three  subscribing  witnesses. 


PENNSTL  VANIA. 


349 


PENNSYLVANIA. 


ALLENTOWN— Lehigh  County. 
Munic  &  Baldwin. 

ClIAS.  M.  KUNK. 

F.  A.  R.  Baldwin. 

"A  professional  experience  of  twenty-five  years,  during  wliich  we 
iiiivc  acted  as  correspondents  and  collectors  for  a  number  of  Phila- 
(li'll)hia  and  New  York  collection  houses,  is  the  only  guarantee  we 
liiivc  to  offer  of  faithful  performance  of  duty  and  professional 
integrity." 

ALTOONA— Blair  County. 
Neff  &  Riley. 

D.  J.  Nefp. 

A.  J.  Riley. 

The  Fiest  National  Bank  of  Altoon.*,  l 

ALTOONA,Pa.,  Oct.  25,  1872.  ) 

To  tnhom  it  may  concern  : 

We  have  had  frequent  occasion  to  employ  Messrs.  Neff  &  Riley 

as  attorneys  for  this  bank,  and  have  found  them  well  qualified  to 

undertake  any  legal  business  entrusted  to  them.     They  are  prompt 

and  faithful  in  the  interest  of  their  clients,  and  this  testimonial  is 

very  cheerfully  given. 

Respectfully, 

W.  M.  LLOYD,  President. 
John  Lloyd,  Cashier. 

BEAVER— Beaver  County. 
J,  F.  Dunlaj). 

Washington,  Pa.,  Jan.  31,  1873. 
I  take  pleasure  in  certifying  that  J.  F.  Dunlap,  Esq.,  a  member 
of  tlie  Beaver  county  bar,  is  a  gentleman  of  good  moral  character, 
in  wliose  fidelity  and  attention  to  any  professional  business  entrusted 
to  ills  charge  full  confidence  may  be  reposed. 

Beaver  county  is  a  part  of  the  Twenty-seventh  judicial  district  of 
Pennsylvania,  of  which  I  am  the  president  judge. 

A.  M.  ACHESON. 


350 


PENNSYL  VANIA. 


i    I'   < 


BEDFORD— Bedford  Coxrnty. 
Mussell  &  Longenecker. 

Samuel  L.   Russkll   (formerly  Deputy  Attorney-General  and 

Member  of  Congress). 
Jacob  Longenecker  (late  member  of  Pennsylvania  Legislature) 

STATE  OP  PENNSYLVANIA,  ) 

Bedford  County,  j  ** 

I,  John  P.  Reed,  Protlionotary  of  the  Court  of  Common  Pleas 
for  the  county  of  Bedford,  do  certify  that  I  am  personally  and 
well  acquainted  with  Messrs.  Russell  &  Longenecker,  attorneys  at 
law,  Bedford,  Pa.,  and  know  them  to  be  of  high  standin.^  at  the 
bar,  competent,  of  strict  integrity  and  of  adequate  pecuniary 
responsibility.  •' 

j  Seal  ^"  testimony  whereof,  I  have  hereunto  set  my 

\ Piea""B"dfo?rco°"  f     ^"^"'^  ^""^  ^^"^^"^  ^^"^  ^^^^  ""^  ^^^"^  ^'^"''t'  »*  Bed- 
ford, the  26th  day  of  October,  1872. 

JNO.  P.  REID,  Pro 

BELLEFONTE— Centre  County. 
McAllister  a)  Beaver. 

H.  N.  McAllister. 
James  A.  Beaver. 

First  National  Bank  of  Bellefoxte,  ) 

Bellefonte,  Pa.,  Oct.  25,  1872.         f 

We  are   well   acquainted  with   Messrs.   McAllister  &  Beaver 

attorneys  and  counsellors-at-law,  and  know  the  firm   to  be  well 

qualified  for  the  discharge  of  any  legal  business  entrusted  to  them. 

They  are  prompt  and  reliable,  and  gentlemen  of  high  character. 

Very  respectfully, 

E.  C.  HUMES,  PremUnt. 

BETHLEHEM- Northampton  County. 
Alfred  Crist. 

The  Ftrst  National  Bank  op  Bethlehem,  ) 
Betuxeuem,  Pa.,  Oct.  24,  1872.  j 

To  whom  it  may  concern  : 

This  certifies  that  Alfred  Crist  has  frequently  been  employed  by 
this  bank  in  the  collection  of  debts.  He  is  prompt,  faithful  and 
perseverant.     This  testimonial  is  awarded  with  pleasure. 

C.  A.  LUCKENBACH,  PresX 


PENNSYLVANIA. 


361 


BLOOMSBURG  —  Columbia  County. 
Hmith  &  Son. 

Alex.  C.  Smith  (ex-Member  of  Legislature,  and  City  Solicitor 
for  Hariisburg.  Pa). 

IIarrisuueg,  Pa.,  March  Ist^  1873. 
S.  F.  Kneeland,  Esq. : 

Dear  Sir.— Messrs.  Smith  &  Son  have  been  depositors  in  our 
bank  for  a  number  of  years,  and  have  also  acted  for  this  bank. 
We  have  always  found  them  prompt  and  faithful  in  business  trans- 
actions, and  cheerfully  accord  this  testimonial. 

J.  H.  SMALL,  Cashier  First  National  Bank. 

BLOSSBTJRG  — Tioga  County. 

Clarendon  Matlihone  (ex-Deputy  Attorney-General  of  Penn- 
sylvania). 

S.  F.  Kneeland,  Esq. : 

I  have  practiced  law  in  the  Fourth  Judicial  District  over  forty- 
eight  years,  and  dislike,  at  this  stage,  to  procure  testimonials  as  to 
my  standing,  but  have  permission  to  refer  you  to  the  following 
parties:  q    j^ 

Poraeroy  Bros.  &  Smith,  bankers,  Blossburg,  Pa.;  Hon.  H.  W. 
Williams,  President  Judge  Fourth  Judical  District;  Hon.  S.  F.' 
Wilson,  Additional  Law  Judge  Fourth  Judicr^  District;  Hon.* 
Henry  Sherwood,  M.  C,  all  of  Wellsboro,  Tioga  county.  Pa. 

BROWNSVILLE— Fayette  County. 
Wm.  G.  Gniler. 

MONONGAHELA   NATIONAL  BaNK    OF   BrOWNSVILLE,         ) 

Broavnsville,  Fayette  Co.,  Pa.,  Dec.  Utk,  1872.  \ 
To  whom  it  may  concern  : 

We,  the  President  and  Cashier  of  the  Monongahela  National 
Bank  of  Brownsville,  are  well  acquainted  with  W.  G.  Guiler,  Esq., 
ail  attorney  who  resides  in  this  town,  and  we  consider  him  well 
(lualified  to  undertake  any  legal  business  entrusted  to  liim.  Mr. 
Guiler  is  a  man  of  good  moral  character,  prompt  and  faithful  in 
the  interest  of  his  clients,  and  this  testimonial  is  very  cheerfully 
accorded. 

G.  H.  BOURMAN,  P,-esi(hnt. 

^YU.  PARKHILL,  Cashier. 


852 


PEN^NSYLVAmA. 


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CANTON  — Bradford  Cotmty. 
tT,  W.  Stone, 

Banking  IIousb  of  Stuait,  Clakk  &  Co.,  | 
Canton,  Pa.,  October  23,  1872.  '  [ 

To  whom  it  may  conceryi : 

We  hiive  hud  occasion  to  use  J.  W.  Stone,  Esq.,  as  an  attorney 
for  this  bank,  and  liavu  found  liim  well  qualified  to  undertake  any 
legal  business  entrusted  to  his  care. 

Mr.  Stone  is  jirorapt  and  faithful  in  the  interest  of  his  clients, 
and  this  testimonial  is  very  clieerfully  accorded. 

Very  respectfully  yours, 

STRAIT,  CLAIIK  &  CO. 

CARBOND ALE  — Luzerne  County. 
17.  Mobitisoii. 

T'j  whom  it  may  concern  : 

This  is  to  certify  that  E.  Robinson,  Esq.,  is  a  practicing  attorney 
of  the  Mayor's  Court  for  the  city  of  Carbondale;  that  he  is  well 
qualified  to  undertake  any  legal  business  entrusted  to  him,  he  being 
also  a  member  of  the  Common  Pleas  bar  for  the  counties  of  Luzerne 
and  Susquehanna. 

February  17,  1873. 

M.  G.  NEARY,  Clerk  of  the  Court  for  Carbondale. 

I  cheerfully  concur  in  the  above  testimonial. 

ALFRED  DART,  Recorder. 

CARLISLE— Cumberland  County. 
J.  H.  Graham  &  Son, 

J.  H.  Graham,  LL.  D.,  late  President  Judge  Ninth  Judicial  Dis- 
trict ;  now  senior  professor  in  the  law  department  of  Dickinson 
College. 
James  H.  Graham,  Jr. 

Hon.  J.  H.  Graham  ha\>ag  held  the  position  of  President  Judge 
of  the  9th  Judicial  District  of  Pennsylvania  for  twenty-five  years,  at 
his  request  I  waived  the  requirements  in  ibis  case. 

S.  F.  K. 


orcst  of  his  cheats, 


CLAKK  &  CO. 


for  Carbotidale. 


PENNSYL  VANIA.  353 

CHAMBEBSBURG- Franklin  County. 
Cook  «C-  Ilaya,  ^ 

Jkrkmiah  Cook. 
Sxici'iiKN  VV.  Hays. 

T,    «     ,  ^^Ki^^'OKi'.l'a.,  lWA7'eirwary,  1873. 

Melf  "il  Tr'  ''''"""v!°  '^"*"  ^^'^^'^^"^  ^'^  *'-  ^-t  that 

N.  M.  ilALL,  Prest.JudffelGthJud.mt.o/Ihin.. 

CHESTER-Delaware  County 
Ward  &  B too, null. 

William  "Wauu. 
William  B.  Ukoomall. 

Thi8  firm  was  strongly  recommended  in  a  personal  letter  in  m« 
from  a  party  in  whom  I  place  the  highest  convince  Ld"n'st 

S.  F.  K. 

CLARION -Clarion  County. 
Theo,  S.  Wilson.  ^ 

The  First  National  Bank  of  Clarion,  Pa., 
Clarion,  JVovember  22,  1872. 
S.  F.  Knbkland,  Esq.,  Albant/,  JV^.  Y.  ■ 

coJnttfr  T:f '  ''"'  ''''^"  '•  '"^"^^""^^  =^  -^-^-^  «f  the  Clarion 

county  bar  and  a  practitioner  in  the  Supreme  Court  of  Ponnsvl- 

ania  :uid  United  States  courts,  of  good  Standing  and  iLutaZ 

"d  IS  financially  responsible  as  well  as  prompt  aifd  energet  c      Ho 

lias  been  solicitor  for  this  bank  over  six  yeail  """'«"*'''•     ^^« 

Yours,  etc., 

G.  W.  ARNOLD,  Cashier. 

CLEARFIELD -Clearfield  County. 
T.  H,  Murray. 

To  whom  it  may  concern  : 
We  have  several  times  employed  Thos.  H.  Murray,  Esq  ,  attorney- 
aw  m  tins  place,  for  this  bank,  and  found  him  well  q  la  i^Td  to 
uiHlortake  any  legal  business  entrusted  to  him.      Mr.  2  is  prompt 
23 


1 


liv. 


854 


PENNSYL  VANIA. 


and  faithful  in  the  interests  of  his  clients,  and  this  testimonial  is 
very  cheerfully  accorded. 

WM.  II.  DELL,  Cashier. 
JoNA.  BoYNTON,  P)'esUlent. 

I  cordially  indorse  the  above. 

J.  B.  McENALLY  [formerly  PresH  Judge). 


I 


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*:IHt 


COUDERSPORT  — Potter  County. 
D.  C.  Larrabee. 

D.  C.  Larrabee  of  Condersport,  Potter  county,  Penn.,  is  a  mem- 
ber of  the  Potter  county  bar,  in  good  standing  and  reputation,  of 
sound  integrity,  and  prompt  and  reliable  in  the  transaction  of 
business  entrusted  to  him. 

JOHN  M.  KILBOURN,  Associate  Judge. 
H.   I.   OLMSTED,   Prothonotary  of  Court  of  Com- 
mon Pleas  of  Potter  County,  Pa. 

E ASTON— Northampton  County. 

H,  I).  Maxwell  (formerly  President  Judge  and  U.  S.  Consul 
at  Trieste). 

First  National  Bank  op  Easton,  Pa.,  ) 

(Capital,  1400,000),  i 

Easton,  Pa.,  Get.  21,  1872.      ) 

We  have  used  H.  D.  Maxwell  as  an  attorney  for  this  bank,  and 
have  always  found  him  to  be  prompt  and  faithful.  We  cheerfully 
accord  this  testimonial  to  his  merits. 

JOHN  STEvVART,  President. 

EBENSBURG  — Cambria  County. 

Geo.  M.  Meade. 

Ebknsburg,  Pa.,  JSTov.  5th,  1872. 

Geo.  M.  Reade  is  a  awyer  of  deservedly  high  standing  at  tlie 
bar  of  Cambria  county,  and  is  a  gentleman  of  character,  integrity 
ami  pecuniary  responsibility. 

R.  J.  LLOYD,  Asst.  Judge,  Cambria  Co.,  Pa. 


PENNSYL  VAJVIA. 


356 


lamhria  Co.,  Pa. 


EMPORIUM— Cameron  County. 
F.  D.  Leet  (ex-District  Attorney). 
To  whom  it  may  concern : 

We  have  been  for  several  years  acquainted  with  F.  D  Leet  Esq 
a  practicing  attorney  at  Emporium,  Pa,  and  we  hav5  foun.l  h'im  In 
honest  upright  and  responsible  attorney,  one  who  is  prompt  and 
fiuthtul  in  all  of  his  dealings  with  clients  or  otherwise,  and  it  affords 
us  great  pleasure  to  accord  this  testimonial  in  his  behalf. 

January  10,  1873. 

SAM'L  SMITH, 

N.  P.  MINARD, 

Associate  Judges,  Cameron  County. 

I  hereby  certify  that  the  above  named  subscribers  are  Associate 
Judges  of  the  several  courts  of  Cameron  county,  and  are  entitled 
to  the  utmost  credit  and  belief. 
[Seal  Common  Pleas  Court.] 

J.  M.  JUDD,  Prothonotary. 

ERIE  — Erie  County. 
Forre  <£.  Parmlee. 

A.  B.  Force. 
Jas.  O.  Parmlee. 

S.  F.  Kneeland,  Esq. :  ^'"^'  ^^"  ^'^-  '^^'' 

MvDear  Sir.- Messrs.  Force  and  P.armlee,  of  this  city,  are 
attorneys  of  good  standing  in  their  profession,  attentive  to  their 
ogal  business,  of  good  moral  character,  and  I  cheerfully  commend 
tlieni  to  favorable  consideration. 

Yours,  &c., 
L.  D.  WETMORE,  President  Judge,  mh  Bist. 

ESPY  — Columbia  County. 
It.  S.  Howell, 

FRANKLIN -Venango  County. 
S.  tC-  H.  B,  Plumer. 

S    &  H.  B.  Plumer  were   recommended  by  the  cashier  of  a 
National  bank  in  a  private  letter  on  file  at  this  office. 

Ed. 


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850  PILVJVsriVAX/A. 

GETTYSBURG  -Adams  County. 
McLean  A  IVootlit, 

Wm.  .Mr  ..an. 

HENXty  li.  Woods  (tonnorly  DiHtrift  Attorney). 

FutsT  National  Hank  ok  (IwrrYHHUBo,  | 
Gettyhhi'uo,  I'll.,  0,-t.  2H,  1H72,  \ 

This  is  to  certify  th.-it  MosHrs,  McLoaii  A  Wo.   U,  attonioyn,  jiro 
the  most  prompt  and  voli.'.Me  ImsluoHS  moii  of  thi     plaoc,  Httctitivo 
to  biisiiioMS,  ami  alw  »y8  prompt  in  payiii;^  over  ii»..ii(!y  nn  Moon  as 
oolieotcd,  ifcc,  and  are  entirely  worthy  of  your  eoartdtjnce. 
Yours  very  respectfully, 

GE()11(;K  AitXOLD,  CuH/iier. 

GBEENCASTLE  — Franklin  County. 
W.  F.  Patton. 

Thk  Fiust  National  Hank  ov  (\\uiKSi'\wv\M,  Pa,,  ) 
Greencastle,  Pa.,  Dwcuilmr  2:ul,  1872.  ) 

To  the  Merchant)^''  Protective  Lam  Anson uti on  ; 

We  are  well  ipiainted  with  W.  F.  Pattoti,  Eh(|.,  attorney-at- 
law,  and  have  alwayH  found  him  promi)t  and  faithful  to  the  interest 
of  his  clients,  and  we  very  cheerfully  accord  him  thiH  teHtimonial. 

Respectfully, 

J.  C.  McLANAirAN,  I'rmiileui. 
L.  II.  FLKTCIIKK,   (hiMhler. 

GREENVILLE  — Mercer  County. 
TF.  Maxwell. 

Mr.  Maxwell  is  the  County  Attorney  for  fiercer  county, 

HARRISBURG— Dauphin  County. 

Eugene  Snyder. 

City  Bank  of  IIakuihiuiuo,  ) 

IIaukisiu'iio,  March  12,  187.'<,  \ 
S.  F.  Kneeland,  Esq. : 

Deak  Sir, — Eugene  Snyder  has  been  our  attorney  for  ten  years. 
He  is  a  good  lawyer,  honest  in  his  dealings  with  client  -,  and  is 
responsible  for  any  moneys  that  may  come  into  hiii  hands  from  col- 
lections, as  he  is  a  man  of  considenible  property. 

Yours  truly, 

JOHN  II.  BIGLER,  Cashier. 


PENNSYLVANIA, 
H0LLIDAY8BURQ- Blair  County. 


867 


ILER,  Cashier. 


Jnmea  F,  Mflllken. 

IIou.i.AYSBURa,  Pa.,  March  1,  1872. 
James  F.  Milliken,  Esq,  of  Ilollidaysbu.-r,  Pa.,  is  a  lawyer  of 
goo.l  Htanding  m  liin  protVssion,  is  a  gcntloiiian  of  strict  iatcffrity 
aiKl  gou.l  busint'ss  qualiticatioris. 

JOHN  DEAN,  Pi-esident  Jmlje  24th  Jud.  JJiat. 

HUNTINGDON -Huntingdon  County. 
IJnvld  Caldwell  (cx-Prothouotary  and  Clerk  of  Courts). 

March  28thy  1873. 
David  Caldwell,  of  Huntingdon,  Ilunting.lon  county,  is  a  mem- 
ber  of  the  bar  of  said  county,  a  lawyer  of  good  standi,,^,  prompt 
and  systiinatic  iu  his  business  habits,  and  a  man  of  strict  integrity. 
JOIIV  DEAN,  President  Judge  2Uh  Jud.  Dist.,  Pmn. 

JOHNSTOWN -Cambr...  County. 

Daniel  McLauyMin, 

rn     1,     t        .  Johnstown,  Dec.  -it/i,  1872. 

Jo  all  whom  it  may  concern  : 

This  is  to  certify  that  I  am  well  acquainted  with  D.  McLaughlin, 
tnq.  attorney  at  1.-,  ,v,  .iohnstown.  Pa.,  and  know  him  to  be  of  Yrood 
Ktan<ling  in     is  profession. 

IIOWAUD  J.  ROBERTS, 
Cashie,  Fh'st  Sutional  Hank,  Johnstown,  Pa. 

LANCASTER-  Lancaster  County. 
Philip  IJ,  Baker. 

Reconunended  by  Hon.  J.  B.  Livingstone,  Judge  of  the  Second 
JiKlunal  District,  in  a  private  letter  on  file. 

LAPORTE  — Sullivan  County. 

A.  Lof/an  Gtlm  (ex-District  Attorney  for  Twenty-sixth  Judi 
cial  District). 

I  hereby  certify  that  I  consider  A.  Logan  Grim,  Esq.,  of  Laporte, 
ouUivan  county   an  honeisi  lawyer. 

WjL  ELWELL,  Prts.  Judge  26th  Jud.  Circuit. 


*e' 


858 


PENNSYLVANfA. 


PniLADKiJ'iiiA,  March  15M,  187.1. 
To  the  Merchniitu'*  Protectim  Law  Asmdation: 

It  gives  nil'  plfaNiirn  to  ctTtify  to  tlic  professional  ability  anJ 
standing  of  A,  Logan  CJiini,  Flscj.,  of  Laporto,  I'a. 

F.  CAIiliOLL  IJUKVVSTEll,  lata  Attomei/-  General  of  Pa,, 

ami  Jiultjti  JJUtnct  Court, 

LA WRBNCEBURG  — Armstrong  County. 

S.  L.  Crosby  is  a  worthy  yonng  member  of  the  bar  of  Armstrong 
county,  Pa.,  of  excellent  habits  and  good  legal  and  business  quuli- 
fications. 

JAMES  A.  LOGAN,  PresH  Judge. 

GuEExsBURo,  April  21,  1873. 


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l!    if 


LEWISTON  — MiflWn  County. 
James  S.  Itakevd  (formerly  District  Attorney). 

Lkwiston,  Pa.,  Nov.  27th,  1873, 
S.  F.  Kneelani),  Esq.,  Albany,  N.  Y. : 

Deaij  Siu.— We  arc  personally  acquainted  witli  J,  S.  Rakerd, 
and  eheerfully  recommend  him  to  the  Merchants'  Protective  Law 
Association  as  an  attorney  who  will  give  satisfaction  to  tiie  Asso- 
ciation in  the  discharge  of  professional  business. 

A.  TltOXEL,  Associate  Judge  of  Mifflin  county 
W.  KUSSELL,  Hanker. 

LOCK  HAVEN  — Clinton  County. 

A,  B,  Henderson, 

.  Lock  Haven,  Pa.,  May  19,  1873. 

ToAchota  it  may  concern: 

I  take  pleasure  in  recommending  to  the  "  Liternational  Mercliants' 
Protective  Law  Association"  A.  B.  Henderson,  Esq.,  as  an  ener- 
getic, industrious,  capable  and  honest  .ittorney. 

C.  A.  MAYER,  Pi'esident  Judge  25th Jud.  Dist.,  Pa. 


'M 


liiii"'! 


PENN.^YLVANIA. 


359 


\[<irch  \bth,  187.1. 
sslonal  ability  ami 


N,  7Vtw7  Judge. 


Jucl.  Dist.,  Pa. 


MAUCH  CHUNK -Carbon  County. 
Allen  Cl'uiy  (ex-Member  of  LegiHlatiiro  and  DJHtrict  Attorney). 
Allen  Craig  is  a  lawyer  in  good  Htanding  at  tbo  bar,  a  gentleman 
of  integrity,  and  worthy  of  the  fullest  confidence. 

G.  II.  BARREIT,  J^'cudent  Judye  o/T2dJud.  Dist.,  Pa. 
Mauch  Chunk,  Pa.,  Mny  15,  1809. 

MBADVILLE  —  Crawford  County. 
11,  L.  lilehnuiud  tib  Sou. 

II.    L.    lilfJHMOXI). 

H.  L.  RiOHMoxi),  Jr. 

^      ,        .  Mkadvillb,  Pa.,  Nov.  20,  1872. 

iw  whom  it  may  concern : 

We  are  well  acquamted  with  H.  L.  Richmond  &  Son,  attorneys- 
at-law,  Meadville,  Pa.,  and  know  them  to  be  well  qualified  to  under- 
take any  legal  business  intrusted  to  them.  They  are  prompt  and 
faithful,  and  we  therefore  cheerfully  accord  them  this  slight  testi- 
monial. 

EDWARD  II.  CllX^lS,,  Associate  Jiidge,C.  P.,  Crawford  Co. 
II.  B.  BROOKS,  Prothonotary. 

MECHANICSBURG  — Cumberland  County. 
Joseph  Ititnev  (Carlisle,  Pa.) 

Cauusle,  April  2Gth,  1873. 
I,  Benj.  F.  Junkin,  President  Judge  of  the  Ninth  Judicial  Dis- 
trict of  Pennsylvania,  do  hereby  certify  that  Joseph  Ritner,  Esq., 
is  a  member  of  tbe  bar  of  Cumberland  county  in  good  standing, 
and  entitled  to  the  trust  and  confidence  of  the  community  at  home 
as  well  as  abroad ;  that  he  is  active,  competent  and  reliable. 

B.  F.  JUNKIN. 

MERCER  — Mercer  County. 
W.  A.  McCormick. 

Now  District  Attorney— second  term. 


if?  5! 


W..i 


\  V\ 


,  li 


360 


PFA^jVSrLVA^VlA. 


MIFFLINTOWN— Jiiniata  County. 
Zouis  E.  Atkinson. 

MiPFUNTOWN,  Juniata  Co.,  Pa.,  March  8th,  1873. 
To  whom  it  may  concern  : 

I,  Benjamin  F,  Junkin,  President  Judge  of  Ninth  Judicial  Dis- 
trict of  Pennsylvania,  do  hereby  certify  that  Louis  E.  Atkinson  is 
a  practicing  attorney  in  said  district  in  good  standing,  competent 
and  trustworthy  in  all  respects. 

Witness  my  liand.  B.  F.  JUNKIN. 

MONTROSE  — Susquehanna  County. 
B.  L,  Baldwin, 

ToAVANDA,  March  1th,  1873. 
I  certify  that  B.  L.  Baldwin,  Esq.,  is  a  member  of  the  bar  of  the 
county   of   Susquehanna,    Pa.;    that    he    is  a  man  of   integrity, 
ability  and  good  professional  standing. 

•  F.  B.  STJtEETER,  Prest.  Judge  13th  Jud.  Dist.,  Pa. 

NEW  BLOOMFIELD— Perry  County. 
Ckas.  II.  Sniileij. 

State  of  Pennsylvania,  Pekry  County, 
New  Bloomfield,  Uh  March,  1873. 
To  whom  it  may  concern : 

I,  Benjamin  F.  Junkin,  President  Judge  of  the  Ninth  Judicial 
District,  Pennsylvania,  composed  of  Cumberland,  Perry  and 
Juniata  counties,  do  hereby  certify  that  Chas.  H.  Smiley,  Esq.,  of 
this  place,  is  a  practicing  lawyer  of  this  (Perry)  county,  is  a  gen- 
tleman well  qualified  to  do  so,  of  unimpeachable  cliaracter^for 
honesty,  integrity  and  worth,  and  entitled  to  the  confidence  of  the 
public. 

In  testimony  whereof  I  have  hereunto  set  my  hand  the  day  and 
year  above  written. 

B,  F.  JUNKIN. 

NEWCASTLE  — Lawrence  County. 

Aaron  Z.  Ilaxen  (is  now  District  zVttorney  for  the  Seventeenth 
Judicial  District). 

Mr.  Ilazen  refers  by  permission  to  The  First  National  Bank  of 
Newcastle,  Pa,;  Hon.  L.  L.  MoGuftin,  President  Judicial  District, 
Newcastle,  Pa.;  Tlie  National  Bank  of  Lawrence  countv,  New- 
castl.  Pa.  ^ 

We  feel  satisfied  from  other  reliable  sourc  -s  of  his  ability  and 
trustworthiness. 


PENNSTL  VAJVIA. 


3G1 


arch  Sth,  1873. 


NEWTOWN  — Bucks  County. 
Georf/e  A.  Jetiks. 

NoRRisTOWN.  Nov.  I8th,  1871. 
I,  Henry  P.  Ross,  President  Judge  of  the  Seventh  Judicial  Dis- 
tnot,  do  hereby  certify  that  George  A.  Jonks,  Esq.,  is  a  nracticin.^ 
lawyer  in  the  courts  of  Bucks  county,  in  excellent  professional 
stand.ng;  and  I  further  certify  that  he  is  a  gentleman  of  intecn-itv 
and  good  moral  character.  °     "^ 

HENRY  P.  ROSS. 

I  fully  indorse  the  above  recommendation,  and  have  -reat 
pleasure  in  so  doing.  '' 

JAS.  ANDERSON, 

Cashier  1st  Nat.  Bank  ofNeictoion,  Pa. 

PHILADELPHIA -Philadelphia  County. 
F.  Cai'foll  Brewster,  Ji\ 

Philadelphia,  Pa.,  December  13,  1873. 
S.  F.  KjfEELAND,  Cormsdor-at-Law,  Albany,  N.  Y.  : 

Deah  Sir.- It  affords  me  sincere  pleasure  to  recommend  F  Car- 
roll hrewster  Jr.,  Esq.,  as  a  gentleman  eminently  qualified  for  the 
l.os,t.on  of  solicitor  of  the  Merchants'  Law  Association 

Mr.  Brew.ter  is  a  lawyer  of  excellent  standing  and  fine  acquire- 
ments. He  comes  too  of  a  stock  that  has  given  to  this  bar  several 
ot  Its  most  eminent  members. 

Very  respectfully  yours, 

EDWARD  M.  PAXSON, 

Jmhje  of  the  Court  of  Common  Pleas. 
TiiK  Fidelity  Uniox  Trust  and  Safe  Deposit  Company,  ) 

I'hiladelphia,  December  13,  1872.    '  j 
h.  V .  Kneeland,  Esq. : 

Mv  Dear  Sir.-I  take  great  pleasure  in  recommending  to  your 

lavorable  consideration  F.  C.  Hrewstpr   Ti-    «■<«    „,„  •/ i  i 

y^-  "'^^^*^«'^ci,  J 1.,  ii,sq.,  as  a  very  suitable 

gentU.nian  to  act  on  behalf  of  your  association.     Ho  is  a  gentlemnn 
01  integrity  of  character,  of  excellent  stan.ling  at  the  bar,  and  in 
all  respects  qualified  for  the  position  in  question. 
Very  rosjJCCtfuUy, 

N.  B.  BROWNE,  Preshlent. 


lis  ability  and 


362 


PENNHYLYANFA. 


m 


IIS  317 
fi 


11 


1S  . 


I 


Office  of  Aitorney-Gknkual  ok  Pknnhylvania,  ) 
PiULADKM'iHA,  J)ecember  12,  1872.      f 
It  gives  me  pleasure  to  certify  that  my  hoii,  F.  i).  Brewster,  Jr 
is  a  gentleman  of  excellent  standing  at  the  I'hiladelphia  bar. '  Ho 
is  of  strict  integrity  and  iin  doubted  capacity. 

V.  CARROLL  HRE  WSTER, 

Attorney-  (Jeneral,  Pmmylvania. 

I  concur  entirely  with  my  friend,  Attorn.iy-Gencral  Brewster  in 
what  he  says  of  his  son,  F.  C.  Brewster,  Jr.  ' 

JOHN  M.  READ,  Chief  Justice. 

PITTSBURG -Alleghany  County. 
Gamzam  <C'  Cochrane. 

Joseph  M.  Gazzam. 
Alexander  G.  Cociikane. 

I  hereby  certify  that  JoHei)h  M.  Ga/.zam  and  Alexander  G.  Coch- 
rane, Esqrs.,  partners  as  Ga/.zam  &  Cochrane,  are  members  of  the 
Pittsburg  bar,  in  good  standing. 
Pittsburg,  December  14,  A.  1).  1872. 

JOHN  M.  KIRKPATRICK, 
Associate  Judge  of  the  IHstrict  Court  of  AUeyhany  county. 

COMMONAVEAI.TII  OF  PkXNSYLVANIA,  ) 

County  of  AUeyhany,  i  ""' ' 

I,  Joseph  Ross,  Prothonotary  of  the  District  Court  in 
[l.  s.]  and  for  Alleghany  county,  do  Jieroby  certify  thai  the 

Hon  John  M.  Kirkpalrick  was  duly  elected,  commis- 
eioned  and  qualiiied  to  act,  an.l  now  is  ac^ting  as  Associate  Judge  u{ 
said  court ;  and  further,  that  the  signature  hereto  attached  is  in  l.is 
own  proper  handwriting.  In  witui'ss  wliereof,  I  have  hereunto  set 
my  hand  and  affixed  the  seal  of  said  court,  this  14th  day  of  Decem- 
ber A.  D.  1872. 

JOSEPH  ROSS,  J^othoHotary. 


PENNSYLVANIA. 


363 


Security  Trust  Company, 


-    -  -MPANY,         ) 

^,   p  ,,  „  PmsBURG,  December  11,  1872.  \ 

S.  1".  Kneeland,  Esq.:  '  ' 

Dkar  SiR.-Joseph  M.  Gazzam,  Esq.,  lias  been  solicitor  of  this 
bank  since  its  organization,  and  has  disdiarged  the  duties  which 
devolved  on  him  as  such  in  a  prompt  and  eminently  satisfactory 
manlier.  •' 

JAMES  T.  13KADY,  Vice-I^-esident. 
H.  A.  COFFIN,  Cashier. 

PUNXATAWNEY- Jefferson  County. 
Jolm  St.  Clair, 

READING  — Berks  County. 
A.  K.  Stuuffet', 

First  National  Bank  op  Reading,  ) 
Reading,  Pa,,  January  7,  1873.  '  j 
We,  the  undersigned  officers  of  tlie  First  National  ]3ank  of  Read- 
ing, take  pleasure  in  saying  that  we  have  been  acquainted  with 
Aimer  K.  Staufter,  Esq.,  a  member  of  the  Berks  county  bar,  for  the 
las  ten  years,  and  know  him  to  be  a  gentleman  of  strict  inte^nt- 
and  h,gh  moral  character,  and  reliable  in  all  his  business  trans- 
actions. Mr.  S.  has  been  the  attorney  for  this  bank  for  a  number 
ol  years  and  has  given  entire  satisfaction. 

Very  respectfully  yours, 

LEVI  15.  SMITH,  l^esident. 
.  ,,  „  ^  A.  F.  BOAS,  Cashier. 

^  1'.  Kf'EELAND,  Esq.,  Albany,  N'.  Y. 

SCRANTON- Luzerne  County 
H.  U.  Whiton, 

Refers  to  First  National  Bank  of  Scranton,  Pa. 

SHAMOKIN- Northumberland  County. 
AfMisou  G.  Mo.ss. 

I  clu-erfully  accord  to  Mr.  A.  G.  Moss  a  testimonial,  to  the  effect 

t  ut   he   is  prompt,    industrious,   faithful   to  tha  interests  of   liis 

clients,  and  qualihed  to  undertake  any  legal  business  intrusted  to  him 

T.  W.  POTTER, 

^,  ^  ^■'^•'•''-  ^"utional  Bank,  Shaniokin,  Pa 

M'AMOKiN,  December  13,  1H72. 


ill' 


364 


PEXNSYL  VAWIA. 


SHARON 
Joseph  N.  MeCluve. 


Mercer  County. 


First  National  Bank  of  Sharox,  ) 
Sharon,  Pa.,  Nov.  6,  1872.  f 

To  lohom  it  may  concern  : 

We  have  had  occasion  to  use  Joseph  N.  McClure  as  an  attorney 
for  this  bank  on  severa'  occasions,  and  have  found  him  well  quali- 
fied to  undertake  any  legal  bu^l..  'ss  intrusted  to  him,  and  can 
recommend  him  as  being  prompt  in  the  discharge  of  business  aiui 
f.'uthful  in  the  interest  of  his  clients. 

KespectfuUy, 

J.  T.  WILSON,  Cashier. 

SHIPPENSBURG  — Cumberland  County. 
J.  A.  C  McC utie, 

S.  F.  Kneeland,  Esq.,  Albany,  JV.  Y. : 

This  is  to  certify  that  J.  A.  C.  McCune,  Esq.,  is  a  practicing 
attorney  in  good  standing,  residing  at  Shippensburg,  Cuiuberlaud 
county.  Pa.,  being  in  my  judicial  district,  and  that  he  is  qualifiea 
to  undertake  any  legal  business  intrusted  to  him. 

B.  F.  JUNKIN, 
jfVesV  Judge,  9th  Judicial  District  of  Pa . 


SMITHPORT  —  McKean  County. 
Byron  I).  Hamlin  tt  Son. 

Bykon  D.  Hamlin  (formerly  State  Senator  of  Pa.). 

Delano  K.  Hamlin. 
2h  whom  it  may  concern : 

Being  personally  acquainted  witli  Messrs.  Byron  D.  Hamlin  & 
Son,  I  take  pleasure  in  recommending  tliem  as  prompt,  honest  and 
efficient  attorneys  of  Smithport,  McKean  county,  Pa. 

W.  S.  BROWNELL,  Asso.  Judye,  McKean  Co.,  Pa. 
October  28,  1872. 


PEiYJ^SrZVJA'IA.  305 

SOMERSET  -  Somerset  Oounty. 
Jlotij/  F.Sc/tell. 

Somerset,  Pa.,  March  15,  1873. 
I  certify  that  IL my  F.  Schell,  Esq.,  is  a  reliable  and  trustworthy 
nttoriiey,  and  worthy  of  confidence  as  such, 

JOSIAH  MEARY,  Acsociate  Judcje. 

TAMAQUA  — Schuylkill  County. 
Conrad  I\  SfuudeL 


Hstrict  of  Pa . 


TIOGA -Tioga  County. 
Frederick'  E.  Smith  (Register  in  Bankruptcy). 

TITUSVILLE- Crawford  County. 
Ghithrie  &  Bylea. 

F.  13.  Guthrie. 
Julius  Byles. 

My  business  relations  with  this  firm  are  such  that  I  can  cheerfully 
certify  to  their  promptness  and  ability.  Ed. 

TOW ANDA  — Bradford  County. 
Overton  &  Blshree. 

Edward  Ovekton,  Jr.  (formerly  Register  in  Bankruptcy). 
Nathan  C.  Elskbek  (formerly  Cleric  of  Court). 

First  National  Bank  op  Towanda,  ) 

Tow  ANDA,  Pa.,  October  24th,  1872.  \ 
To  whom  it  may  concern  : 

Messrs.  Overton  &  Elsbree  of  this  place  are  attorneys  at  law  in 
good  standing.     They  are  prompt,  reliable  and  perfectly  responsible. 

I  have  had  occasion  to  employ  them,  and  am  sure  that  their 
clients  will  always  find  them,  as  I  have,  faithful  in  their  interests. 

N.  N.  BETTS,  Jr.,  Cashier. 


TROY  — Bradford  Cotmty. 
IT.  II,  Canioehan  (formerly  District  Attorney). 


'■I  S 1  I 


I  I 


366 


PJi'NjySYLVAN/A. 


TUNKHANNOCK  — Wyoming  Cotmty. 
Wm.  31.  &  Jan.  W.  riatt. 

Wm.  M.  I'lATT  (ex-Speaker  Senate  of  Pennsylvania). 

JaS.  W.  PlAlT. 

Bloomsbukg,  Pa.,  April  1th,  1873. 
7b  whom  it  may  concern : 

I  certify  tliat  Wm.  M.  &  Jas.  W.  Piatt,  Esqrs,,  of  Wyoming 

county,  are  reliable,  energetic  and  able  members  of  the  bar  of  that 

county. 

WJM.  ELWELL,  Pres.  Judge  26th  Jud.  District,  Pa. 

UNIONTOWN— Fayette  Coiinty. 

Chas.  I*.  IJunuawaf/. 

FiusT  Natioxal  Bank  op  Uniontown,  'i 

Uniontown,  Pa.,  thbruary  24,  ISt-l.  \ 

C.  P.  Dunnaway,  Esq.,  of  this  place,  is  'tnown  to  me  as  a  gentle- 
man of  unexceptional  moral  character,  good  legal  attaitnueiits,  a 
fiiitliful  attorney,  and  prompt  in  the  execution  of  business  intrusted 
to  his  care,  and  as  such  we  cheerfully  recommend  him  to  "  all  whom 

it  may  concern.".—- 

J.  T.  REDBURN,   Cashier. 

J.  M.  THOMPSON,  President. 

■WARREN— Warren  County. 
Hvown  &  Stone. 

Rassklas  Brown  (ex-Member  of  the  Legislature  and  President 
Juilge). 

Chas,  W.  Stone  (formerly  Member  of  Pennsylvania  Legisla- 
ture). 

First  National  Bank,  \Vabren,  Pa.,  Jan.  17,  1873. 
To  whom  it  may  concern : 

Brown  &  Stone  have  done  the  principal  business  as  attorneys  for 
this  bank  for  several  years.  They  are  gentlemen  of  !iigh  Ictrnl 
attaiinnents,  perfectly  responsible  f(n*  any  trust  placi-  .  in  their 
hands,  while  they  are  prompt  and  energetic  in  prosecuting  the 
c'aiths  of  their  clients. 

M.  BKECHER,  Cashier. 


pril  1th,  1873. 


.  District,  Pa. 


I'I'JNNSYLVANIA. 
WAYNESBUBG- Greene  County. 


367 


JL  a  Pollock  (Clerk  of  Courts  for  Grecno  county). 
S.  F.  KNKEI.AN1),  Esq.: 

Dbak  Sir.— We  take  pleasure  in  recommending  H.  C.  Pollock 
Eh.|  to  the  Merchants'  Protective  Law  Association  as  a  person 
quahhed  to  undertake  any  legal  business  intrusted  to  him  He  is 
ever  prompt  and  faithful  in  the  interest  of  his  clients. 

R.  w.  downp:y, 

Pres't  First  National  Bank,  Waynesburn,  Pa. 
John  C.  Suumakku,  Cashier. 


WELLSBOSOUGE- Tioga  County. 
George  W.  Merrick. 

a  r.   V  „  WKLLSBonour.n,  Pa.,  Oct.  22,  1872. 

S.  F.  Knbeland,  Esq.:  ,      <^. 

Dear  Siu.-George  W. -Merrick,  E;sq.,  a  member  of  the  bar  in 
my  .listnct,  is  a  gentleman  of  higl-  stiuiding  for  ii^tegrity,  honesty 
and  skill  as  a  l.-iwyer.  You  n.,ed  have  no  fears  but  that  any 
husiness  mtrusted  to  him  will  be  promptly  and  faithfully  attended 
*°*  Youra,  etc., 

S.  F.  WILSOX,  Jmlre  Fourth  District,  Pa. 

WESTCHESTEB- Chester  County. 
Si  I  mil  el  1).  Itaniscfj. 

To  ir/iom  if,  may  concern: 

I  hereby  certify  that  Samuel  D.  R.amsey  is  an  attorney  at  law  in 
good  standing  at  the  oar  of  Chester  .-ounty,  Pa.,  an.l  is  a  gentle- 
iimt.  of  go<.d  moral  charafter  aud  Mualificd  to  undertake  any 

legal  business  that  may  be  iiitrustcu  u.  his  care. 

BENJ.  J.  PASSELLDKE, 
One  of  the  Asso.  Jud,,es  of  the  several  courts  of  said  county. 

WESTFIELD-Tiofe-a  County. 
J.  r.  Strang  (ix  now  District  Attorney). 


lER,  Cashier. 


308 


PEiYKSYL  VANIA. 


WILKESBAERE  —  Luzerne  County. 
Henry  M,  Jlof/t. 

Henry  M.  lloyt  haa  been  for  many  years  a  member  of  tlio  bar 
of  Luzerne  county,  Pa.  lie  is  an  attorney  of  good  standing  and 
reputation. 

C.  M.  IIAIIDING, 
Preset  Judge  Eleventh  Judicial  District  of  Pa. 

\VlLKESBARRE,  Pa.,  NuV,  28,   1872, 

WILLIAMSPORT  —  Lycoming  County. 
IlSrnni  C.  Johns, 

From  personal  recommendations  and  business  relations  with  Mr, 
Johns,  I  am  well  assured  tliat  he  is  every  way  qualified  for  the 
membership  in  our  association,  at  Williamsport,  Pa.  (Tlie  required 
testimonials  have  been  delayed  or  mislaid.) 

Ed. 

YORK  — York  County. 
Levi  JJHaish  (ex-Member  of  Legislature  of  Pennsylvania). 

YouK,  Pa,,  April  17,  1873, 
To  the  Merchants'  Protective  Law  Association : 

Gentlemen.— As  the  President  Judge  of  the  Nineteenth  Judi- 
cial District  of  Pennsylvania,  I  have  become  well  acquainted  witli 
Levi  Maish,  Esq.,  of  this  place.  From  my  personal  knowledge  of 
]Mr.  Maish,  I  recommend  him  as  well  qualified  in  every  particular 
for  the  duties  required  of  him  as  a  member  of  your  association. 

Respectfully  yours, 

ROBERT  J.  FISHKH, 


nUODE  ISLAND, 


869 


RHODE  ISLAND. 


m 


T  J.  FISHEU. 


ENACTMENTS  AFFECTING  COMMERCE. 

Acknowledgments.    See  Deeds. 

Aliens  may  acquire,  hold  and  convey  real  estate  in  the  sa.no 
manner  as  cifzens.     ^^^m,,-Rujhts  of  Aliens  ^^     "  the  samo 

be trSlTa  dvTT'"  '"'  ^-— The  defendant  cannot 
f n,7!  1  T      '  '""  ^"  '  "°"*'"^^^  ^'^thout  there  is  proof  of 

fiaud  ei  her  m  the  original  transaction  or  in  disposing  of  his  pro 
per  y  with  intent  to  cheat  his  creditors.  As  tl  e  debtor  w^lMn 
all  instances  be  admitted  to  bail,  or  discharged  on  s^d  r  n^ 

dcbtoi  .  oath,  the  practice  is  not  very  severe  on  the  debtor  class 

A-TTACHMENTS-A  writ  of  attachment  will  issue  in  all  cases  is 

m:ft  Snt/%T'^"^^''^^  ''  ''''-''  '^  requiredTti: 

i^h:  p:;i!;ir:Jthe'to^^^  ""''^' ' '-''  -'  '--^'^ 

Hills  of  Sale  partake  of  the  nature  of  chattel  mort^a^es 

fi.iia    ..1        .1  «3"fe"'  icsiuch,  oi  II  He  IS  a  non-rpsi. 

Ion  ,  where  the  property  lies,  without  there  is  an  actual  ai  d 
con  nu.ed  change  of  possession  of  the  mortgaged  property 
Deeds  anu  Moktoaoes  may  be  acknowledged  out  of  this  State 

X  ci'ted  orb  f    ""'"''^  ^''^'?  ^"  '^^^  State  where  the  same  is 
executed,  oi  before  a  comuussioner  appointed  by  the  Governor  of 

24 


870 


riwjde  island. 


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ill: 


Rhodo  Islftiid.  Acknowlcdgiiients  iniiy  bo  ttikt  ii  out  of  the  State 
before  any  United  States  ininiBter,  chart,'o  d'affaircB,  consul  or 
commercial  agent,  or  before  a  comniisHJoner  for  Itliodo  lulund. 

Farm  of  acknowledgments.    See  Appendix,  Forma. 

A  married  woman  must  bo  separately  examined. 

All  instruments  conveying  an  interest  in  real  estate  must  be 
recorded  in  the  town  clerk's  office  where  tlio  property  is  situated. 

EsTATKS  OF  Deceased  Peiwonu.— Claims  must  bo  prosoiited 
within  one  year.  Insolvent  estates  are  paid  in  the  followiui,' 
order:  Ist.  Debts  due  to  the  United  States.  2d.  KeccHsary 
funeral  charges.  3d.  Expenses  of  last  sickness.  4tli.  Debts  due 
to  the  State.     5th.  Stat<  and  town  taxes.     Gth,  All  other  claiius. 

Executions.    See  Exemptions  and  Judyrnenis. 

Exemptions. — Thero  is  no  provision  for  a  /urnieHtmd. 

The  following  personal  property  is  exempt :  Household  furni- 
ture, including  beds  and  bedding,  which,  together  with  house- 
hold provisions,  shall  not  exceed  in  value  the  wum  of  $300; 
•necessary  working  tools  to  the  value  of  Ij^lOO;  the  earnin<^K  of 
minor  children,  and  twenty-live  dollars  of  salary  or  wages  due 
the  debtor. 

Imprisonment  for  Debt.    See  Arrest. 
Interest  and  Usury  : 
Z-egal  Bate,  6  ])er  cent. 

There  is  no  usury  law.  The  parties  may  legally  stipulate  for 
any  i-ate  per  cent. 

Judgments. — A  judgment  does  not  constitute  a  claim  upon  real 
estate. 

Married  Women. — The  contracts  of  a  married  woman  are  null 
and  void,  and  she  cannot  sue  or  be  sued  in  lu  ,  own  name,  except 
that  where  a  married  woman  comes  into  this  State  without  lier 
husband,  he  never  having  lived  with  her  in  this  State,  and  she 
resides  here  one  year  without  him,  she  irjay  carry  on  business, 
and  sue  and  be  sued,  in  her  own  name,  the  same  as  a  single 
woman. 

A  married  woman  nuiy  retain  and  hold  all  property  owned  by 
her  at  the  time  of  marriage,  or  acquired  thereafter  l)y  her  own 
industry  or  otherwise ;  and  the  income  thereof  shall  inure  to  her 


I 


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RHODE  ISLAND. 


871 


individual  l)enefit,  and  upon  the  death  of  the  husband  UcmioH 
her  sole  and  .cparat  ropcrty,  and  eho  may  dispose  of  the  ,  lae 
by  will. 

PKOMissoia  N  "'Ih  of  Exchange. 

Wills  must  bu  ,. . ,,  uij,',  bi^mcd  by  the  ti'stator,  or  by  some 
person  HI  hi.-,  preseiiee,  uud  by  his  express  direction,  and  attested 
iti  the  r-esence  of  the  testator  by  tliree  or  more  subscribiiiL^  wit- 
nesses. 


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RHODE  ISLAND. 


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RHODE   ISLAND, 


NEWPORT  -  Newport  County. 
Gould  &  Bull, 

Stephen  Gould. 
Daniel  P.  Bull. 

OLNEYVIIiLE— Providence  County. 
Het'hert  B.  Wood, 

National  Exchange  Bank,  Greenville,  ) 
Smithpield,  R,  I.  J 

7b  all  whom  it  may  concern : 

Mr.  Herbert  B.  Wood  is  prompt  and  faithful  to  the  interests  of 
his  clients,  and  well  qualified  to  transact  legal  business  intrusted  to 
him. 

WM.  WINSOR,  Cashier. 

PROVIDENCE  — Providence  County. 

John  Turner  (ex-Member  of  Legislature,  now  Judge  Advocate- 
General  for  the  State  of  Rhode  Island). 


SOUTH  CAROLINA. 


373 


SOUTH  CAROLINA. 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.    See  Deeds. 

ALmm  may  hold,  transmit  and  convey  both  real  and  personal 
property  as  fully  and  in  the  same  manner  as  citizens.    See  title 
Riffhts  of  Aliens.  ' 

Aerest  and  Imprisonment  for  Debt.— The  provisions  of  the 
State  of  New  York  in  relation  to  arrest  and  attachments  applies 
to  thic  State.    See  JVew  York. 

Attachments.     See  Arrest. 

Bills  of  Exchange  and  Promis80Bt  Notes  are  governed  by 
the  common  law,  except  that,  in  lieu  of  ordinary  protest  fees, 
thefoUowmg  per  centage  is  allowed:  on  all  bills  of  exchange 
drawn  on  persons  resident  within  the  United  States  and  out  of 
the  State  returned  protested,  damages  of  ten  per  cent  on  the 
sum  drawn  for,  are  recoverable;  on  bills  drawn  on  persons 
residmg  in  other  parts  of  North  America  or  the  West  Indies 
twelve  and  a  half  per  cent;  and  on  persons  residing  in  other 
parts  of  the  world,  at  the  rate  of  fifteen,  per  cent 

Bills  of  Sale  need  not  be  recorded,  and  are  only  required 
where  the  vendor  remains  in  possession  of  the  property  sold. 

Chattel  Mortgages  and  Deeds  of  Trust  must  be  in  writing 
and  recorded  in  the  county  where  the  mortgagor  or  grantor 
vmdesj  or,  if  he  is  a  non-resident,  where  the  property  is  situated. 
After  forfeiture,  the  mortgagee  may  take  possession  of  the  mort- 
gaged property. 

Deeds  op  Trust  must  be  recorded.  Trusts  for  the  twe  of  the 
giantor  are  void. 

Deeds  and  Mortgages  may  be  acknowledged  or  proved  before 


374 


SOUTH  CAROLINA. 


I      '"-1       a 

m 


a  commissioner  for  the  State  of  South  Carolina,  or  commissioners 
specially  appointed  for  that  purpose. 

All  instruments  creating  any  interest  or  title  to  real  estate  must 
be  recorded  in  the  county  where  the  property  is  situated.  Deeds 
within  thirty-three  days,  mortgages  within  sixty  days,  and  leases 
within  three  montht?  from  the  date  of  execution.  Two  witueses 
are  required. 

Form  of  AcknowledgraenU.    See  Appendix,  Forms. 

Estates  of  Deceased  Persons.— Claims  must  be  presented 
within  twelve  months  from  the  granting  of  letters  testamentary 
or  of  administration.  They  should  be  in  writing,  duly  vf^rified 
by  the  oath  of  the  claimant. 

ExEcPTioNs.    See  Exemptions  and  Judgments. 

Exemptions  : 

Homestead. — The  homestead  of  the  head  of  a  family  residing 
in  this  State,  and  exempt  from  levy  or  attachment,  consists  of 
the  residence  of  such  person,  and  all  the  buildings  and  lands 
appurtenant  thereto,  to  the  value  of  $1,000,  and  the  yearly  pro- 
duct thereof. 

Personal  Property.— ThQ  Constitution  of  1868  also  exempts 
the  following  personal  property,  to  wit:  household  furniture, 
beds,  bedding,  family  library,  wagons,  farming  implements,  took, 
neat  cattle,  work  animals,  swine,  goats  and  sheep,  not  to  exceed 
in  the  aggregate  the  value  of  $500. 

Impkisonment  for  Debt.    See  Arrest. 

Interest  and  Usukt  : 
Legal  Pate,  7  per  cent. 

Usury  has  been  abolished.  Parties  may  legally  contract  for 
any  rate  of  interest. 

Judgments  are  not  liens  upon  real  estate ;  but  where  an  execu- 
tion is  issued  to  the  sherifE  directing  a  levy  thereon,  the  real 
estate  is  held  for  120  days  from  the  time  when  a  copy  thereof  is 
deposited  in  the  register's  office  by  the  sheriff.  Executions  are 
returnable  within  sixty  days. 

Makeied  Women.— The  estate  of  a  married  woman,  held  by 
her  at  the  time  of  her  m.arriage,  or  acquired  thereafter,  is  not 
subject  to  levy  and  sale  for  her  husband's  debts,  but  is  held  as 


or  commissioners 


SOUTH  CAROLINA. 


375 


her  separate  property,  and  may  be  bequeathed,  devised  or  con- 
veyed by  her  the  saire  as  if  unmarried ;  provided,  that  no  gift  or 
grant  from  the  husband  to  her  shall  be  detrimental  to  the  just 
claims  of  credi*  ')r8.  She  may  contract,  sue  and  be  sued  the  same 
as  a  f erne  sole;  and  the  husband  is  not  liable  for  her  debts, 
except  for  necessaries  contracted  during  coverture. 
Promissory  Notes.    See  Bills  of  Exchange. 

Wills  must  be  attested  in  the  presence  of  the  testator  by  at 
least  three  subscribing  witnesses. 


;ally  contract  for 


376 


SOUTH  CAROLINA. 


'I 
1 1 


1  .' 


iir 


I 


SOUTH   CAEOLIISrA. 


BRIGHTON  — Beaufort  County. 
Lawrence  McKen»ie  (cx-Meraber  of  Legislature). 

CAMDEN— Kershaw  County. 

Henry  N.  Obear  (P.  O.,  Winnsborough,  S.  C). 

WiNNsuoRouGH,  S.  C,  March  6,  1873. 
State  op  South  Carouna,  ) 
County  of  Fairfield.        j 

7h  whom  it  may  co7icern  : 

The  undersigned,  President,  Vice-President  and  Cashier  of  the 
Winnsborough  National  Bank,  hereby  certify  that  Henry  N. 
Obear,  Esq.,  attorney  at  law,  is  prompt  and  faithful  to  the  interest 
of  his  clients,  and  is  capable  and  well  qualified  to  undertake  any 
legal  business  that  may  be  intrusted  to  him.  We  regard  him  as 
an  attoi'ney  of  strict  integrity  and  high  legal  attainment. 

W.  R.  ROBERTSON,  President. 

G.  H.  M'MASTER,   Vioe-I^est. 

SAML.  B.  CLOWNEY,    Cashier. 

I  cordially  indorse  the  within  testimonial, 
[l.  s.]  W.  M.  NELSON, 

Judge  of  Probate  Miirfield  County 

CHARLESTON  — Charleston  County. 
Hayne  &  Son. 

Isaac  W.  Hayxe  (ex- Attorney-General  of  South  Carolina). 
Isaac  Hayne. 

Charleston,  S.  C,  Apii'  9,  1873. 
Isaac  W.  Hayne  and  Isaac  Hayne,  composing  the  law  firm  of 
Hayne  &  Son,  are  members  of  the  Charleston  bar,  of  good  stand- 
ing and  reputation.    The  former  was   for  nearly   twenty   years 


SOUTH  GAUOLINA.  377 

Attorney-General  for  the  State  of  South  Carolina,  aad  solicitor  for 
the  Bank  of  the  State  of  South  Carolina. 

R.  F.  GRAHAM,  Judge  First  Circuit, 

CHESTER  — Chester  County. 
Uenry  N.  Obear  (P.  O.,  Winnsborough,  S.  C). 

WiNNSBOEouoH,  S.  C,  March  6,  1873. 
State  op  South  Carolina,  ) 
County  of  Fairfield.        j 
Ih  whom  it  may  concern : 

The  undersigned,  President,  Vice-President  and  Cashier  of  the 
^\  mnsborough  National  Bank,  hereby  certify  that  Henry  N 
Obear,  Esq.,  attorney  at  law,  is  prompt  and  faithful  to  the  interest 
of  his  clients,  and  is  capable  and  well  qualified  to  undertake  any 
legal  business  that  may  be  intrusted  to  him.  We  regard  him  as 
an  attorney  of  strict  integrity  and  high  legal  attainments. 

W.  R.  ROBERTSON,  President. 

G.  H.  M'MASTER,  Vice-Prest. 

SAML.  B.  CLOWNEY,  Caslmr. 

I  cordially  indorse  the  within  testimonial. 

f^-  S-]  W.  M.  NELSON, 

Judge  of  Prolate  FairfiMd  County. 

COLUMBIA  -  Richland  County. 
Arthur  C.  Moore, 

Cauolina  National  Bank  op  Columbia,  S.  C.  | 
February  28,  1873.  '        \ 

S.  F.  Kneeland,  Esq.,  Albany,  JST.  Y.: 

SiR.-The  undersigned,  officers  of  the  Carolina  National  Bank 
take  pleasure  m  recommending  Mr.  A.  C.  Moore,  of  this  city,  as  a 
lawyer  of  gcod  standing,  of  good  character,  and  entitled  to  the 
conhdence  of  the  community  and  of  clients  generally. 

Yery  respectfully, 

L.  D.  CHILDS. 
W.  B.  GULICK. 


378 


Wl^f 


SOUTH  CAROLINA. 


DAELINQTON  — DarUngrton  County. 
«7i  J,  Ward, 

Bennetu'sville,  S.  C,  May  10,  1873. 
This  may  certify  that  J.  J.  Ward,  Esq.,  an  attorney  at  law, 
residing  at  Darlington  Court  House,  in  the  State  of  South  Carolina,' 
within  my  Judicial  Circuit,  is  in  every  respect  reliable  as  a  profes- 
sional man ;  and,  for  a  lawyer  of  his  experience,  has  considerable 
practice,  and  enjoys  a  reputation  for  energy,  integrity  and  prompt- 
ness in  his  attention  to  business  intrusted  to  him. 

C.  P.  TOWNSEND, 
Judge  Fourth  Judicial  Circuit  of  South  Carolina. 


EDGEFIELD  —  Edgefield  County. 
Thos.  J,  Adams, 

GREENVILLE— Greenville  County. 
Arthur  &  Arthur, 

Tnos.  L.  Arthur. 
Thos,  L.  Arthur,  Jr. 

LEWIS VILLE  —  Orangeburgh  County. 
H.  PoiveU  Cooke  (P.  O.,  St.  Matthews,  S.  C). 


MARION  — Marion  County. 
Sellers,  Hudson  &  Kelley, 

W.  W.  Sellers. 
J.  H.  Hudson. 
John  A.  Kelley. 

B^nnettsville,  S.  C,  May  10, 1873. 
The  individual  members  composing  the  firm  of  Sellers,  Hudson 
&  Kelley  are  attorneys  practicing  within  my  judicial  circuit.  They 
have  had  experience,  command  an  extensive  practice,' and  are  con- 
sidered in  every  respect  perfectly  reliable.  I  can  certify  that  they 
are  lawyers  of  ability,  integrity,  energy  and  promptness,  and  enjoy 
a  reputation  as  such  throughout  my  circuit. 

C.  P.  TOWNSEND, 
Judge  Fourth  Judicial  Circuit  of  South  Carolina. 


SOUTH  CAROLINA. 


370 


Houth  Carolina. 


outh  Carolina, 


NEWBERRY  — Newberry  County. 
Jones  <£'  Jones, 

Lamuekt  J.  Jones. 
Benson  M.  Joneu. 

Newbbbby,  S,  C,  May  17,  1873. 
I  am  well  acquainted  with  Messrs.  Jones  &  Jones,  practicing 
lawyers,  of  this  place.     They  are  gentlemen  of  high  respectability, 
and  enjoy  a  wide-spread  and  well-deserved  reputation  for  lidelity 
and  attention  to  business. 

M.  MOSES,  Judffe  Seventh  Judicial  Circuit. 

ORANQEBURQ  — Orangeburg  County. 
Bt'ownmy  <£r  Browning, 

Malcom  I.  Bbowning. 
A.  ¥.  Bbowning. 

State  of  South  Cabolina,  March  5,  1873. 
To  whom  it  may  concern : 

I  certify  that  Messrs.  Browning  &  Browning,  attorneys  at  law, 
at  Orangeburg,  South  Carolina,  are  of  good  professional  standing 
and  fair  ability. 

R.  F.  GRAHAM,  Judye  First  Circuit. 

PICKENS— Pickens  County. 
C.  L.  MoUingsworth, 

SPARTANBURG -Spartanburg  County. 
Geo,  W,  H.  Legge  (ex-Member  of  Legislature). 
State  op  South  Cabolina,  | 
Spartanburg  County.       \ 

To  whom  it  may  concern : 

I,  Benjamin  Wofford,  Judge  of  the  Probate  Court  for  the  County 
of  Spartanburg  and  State  of  South  Carolina,  take  pleasure  in  tes- 
tifying that  George  W.  H.  Legge,  Esq.,  as  an  attorney,  is  well 
quahiiod  to  undertake  any  legal  business  intrusted  to  him,  and  that 
he  18  reliable,  energetic,  prompt  and  faithful  in  the  interest  of  his 
cheats  and  discharge  of  his  duty. 

Given  under  my  hand  and  seal  of  office,  at  Spartanburg 
[l.  s.j     Court  House,  S.  C,  January  18,  1873. 

BEN  J.  WOFFORD,  Probate  Judge, 


380 


SOUTH  CAROLINA. 


J,  F.  M.  Trimmier,  Clork  of  tho  Court  of  Common  Pleas  for 
Spartunburgh  county,  do  cheerfully  indorse  tho  &hov*i. 

b"  »•]  F.  M.  TRIMMIER,  Clerk  C.  P. 

SXTMTER  — Sumter  County. 
Morse  &  Lee. 

Edwin  W.  Monsa. 
RicuAiiD  D.  Lek. 

I  certify  that  the  firm  of  Morso  &  Loe  is  composed  of  gentlemen 
of  high  professional  character  and  standing. 

F.  J.  MOSES,  Chief  Justica  H^ipreme  Court  of  S.  C. 
J.  W.  DARGUN,  Asst.  Cashier  Citizens'  Sav.  Bank. 
SuMTKE,  S.  C,  March  6,  1873. 

WALHALLA  — Oconee  County. 
Jan.  H.  Whitner. 

Indorsed  by  B,  F.  Dunkin,  late  Chief  Justice  of  South  Carolina. 

WINNSBOROUQH  —  Fairfield  County. 
James  H.  Myon, 

SuMTBE,  S.  C,  April  4,  1871. 
It  gives  me  great  pleasure  to  certify  that  for  many  years  I  have 
known  James  H.  Ryon,  Esq.  He  has  been  in  practice  since  1854, 
and  is  now  regarded  as  one  of  the  leading  lawyers  in  the  State. 
His  reputation  is  that  of  a  high-minded  gentleman,  devoted  to  hig 
profession  and  zealously  watchful  of  the  interest  of  his  clients.  He 
may  be  depended  upon  to  any  extent. 

FRANKLIN  J.  MOSES, 

Chief  Justice  of  Supreme  Court  of  South  Carolina. 


YORKVILLB  — York  County. 
James  S.  Hart. 


TE^iNESSEE. 


381 


I,  Clerk  C.  P. 


TENNESSEE. 


ENACTMENTS  AFFECTING  COMMERCE. 


South  Carolina. 


th  Carolina. 


AoKNowLKDOMENTS.    See  Deeds. 
Aliens.     See  title,  •'  liighta  of  Aliens." 

Arrest  m  Civil  Actions  and  Imprisonment  for  Debt  are 
not  permitted  in  this  State. 

Attachments.— An  attachment  will  issue  against  the  property 
of  a  debtor,  or  to  garnishee  debts  due  him,  upon  filing  a  bond 
M'lth  sufficient  surety  for  double  the  amount  of  the  debt,  together 
with  an  affidavit  setting  forth  the  nature  of  the  action,  that  it  is 
just,  the  amount  claimed  to  be  duo  thereon,  and  showing  the 
existence  of  one  or  more  of  the  following  grounds : 

1st.  That  the  defendant  is  a  non-resident  of  the  State. 

2d.  That  he  has  removed  or  is  about  to  remove  himself  or  his 
property  from  the  State. 

3d.  That  he  has  removed  or  is  removing  himself  or  his  prop- 
erty out  of  the  county  privately. 

4th.  That  he  is  concealing  himself  so  that  the  ordinaiy  process 
of  law  cannot  be  served  upon  him. 

5th.  That  he  absconds,  or  is  absconding  or  concealing  himself 
or  property. 

6th.  That  he  has  fraudulently  disposed  of  or  is  about  fraudu- 
lently disposing  of  his  property. 

7th.  Applies  where  the  debtor,  residing  out  of  the  State,  dies 
leaving  property,  and  liable  for  debts  within  the  State. 

Bills  op  Exchange  and  Promissory  Notes  are  governed  by  the 
common  law.  Sight  drafts  and  bills  are  not  entitled  to  grace  in 
this  State. 

Bills  op  Sale  are  valid  in  this  State  without  being  registered 
or  recorded. 


3S2 


TENNESSEE. 


Hit 


p.i\> 


Chattel  Moktoaoks  and  Dkkds  of  Trust  arc  used  for  tho 
purpose  of  8ccurinj<  loans  or  liabilities,  and  take  oftcct,  as  to 
third  j)artic8,  from  tho  date  of  registry. 

Dekdh  and  Moktoaoes  are  valid,  as  to  tin'rd  parties^  from  tho 
date  of  registry  in  tho  county  whe;o  tho  property  is  situated.  A 
seal  or  scroll  is  required ;  but  no  witnesses  are  necessary  when 
the  conveyance  is  jjroperly  noknowledged.  The  acknowlcdg- 
ment,  if  taken  in  any  other  State  or  Territory,  may  bo  executed 
before  a  commissioner  appointed  by  tho  Governor  of  Tennessee 
for  that  purpose,  a  notary  public,  or  before  a  court,  or  tho  clerk 
of  a  court  of  record  in'  tho  State  where  executed ;  and,  in  any 
foreign  country,  befbro  a  commissioner  appointed  as  above,  a 
notary  public,  or  any  ambassador,  minisier  or  consul  of  the 
United  States. 

Where  the  acknowledgment  is  taken  before  a  commissioner, 
notary  public,  minister,  consul  or  ambassador,  the  certificate 
must  be  under  his  seal  of  ofHce ;  if  before  a  judge,  the  certifi- 
cate must  be  under  his  hand,  with  a  certificate  of  tho  clerk  of  the 
court,  under  his  seal  of  office  if  there  bo  a  seal,  or,  if  there  bo 
none,  under  his  private  seal,  as  to  the  official  character  of  the 
judge ;  or  a  like  certificate  by  the  governor,  under  the  great  seal 
of  the  State  or  Territory.  If  before  a  clerk  of  a  court  of  record 
of  some  other  State,  it  must  bo  certified  under  his  seal  of  office, 
with  a  certificate  of  the  judge  of  the  court  as  to  the  oflielul 
character  of  the  clerk. 

Estates  of  Deceased  Persons.— The  estate  must  be  closed 
within  two  years  from  the  granting  of  letters ;  but  claims  held 
by  non-residents  against  the  estate  may  be  presented  at  any  time 
within  three  years  and  six  months  from  the  acceptance  by  the 
executors  or  administrators  of  their  trust;  but  claims  cannot  be 
enforced  at  law  until  six  months  after  such  acceptance. 

Executions.    See  Judgments  and  Exemptiom. 

Exemptions  : 

Homestead.— Every  resident  householder  is  entitled  to  an 
estate  of  homestead  consisting  of  the  dwelling-house,  out-build- 
ings and  land  appurtenant,  not  to  exceed  in  value  the  sum  of 
$1,000,  which  shall  be  exempt  from  levy  and  sale  under  execu- 
tion. 


■i-: 


-111.1     .1 


il 


L     i 


TENNmSEE. 


3S3 


a  cominissioner. 


Permml  ProperiT/. —Thoro  slmll  nlao  be  oxornpt  to  tlio  lieada 
ot't'ainilioB  $250  worth  ot'porsoiml  projwrty ;  also  two  l)ed8,  bed- 
stondB,  and   necessary  clothing  for  each;  and  for  each   three 
children  an  additional  bed,  bedstead  and  clothing,  such  bedstead 
not  exceeding  $25  in  value ;  one  cow  and  calf,  and,  if  family  con- 
sists of  six  persons,  two  cows  and  calves ;  one  dozen  knives  and 
forks,  one  dozen  plates,  half  dozen  dishes,  one  set  tabIe-si)oon8, 
one  set  tea-spoons,  one  bread  tray,  two  pitchers,  one  waiter,  one 
coffee-pot,  one  tea-pot,  one  canister,  one  cream  jug,  one  dozen 
cups  and  saucers,  one  dining  table  and  two  table-cloths,  one 
dozen  chairs,  one  bureau  not  exceeding  $40  in  value,  one  safe  or 
])rc88,  one  wash-basin,  one  bowl  and  pitcher,  one  washing  kettle, 
two  washing  tubs,  one  churn,  one  looking-glass,  one  chopping 
axe,  one  spinning  wheel,  one  loom  and  gear,  one  pair  cotton  cards, 
one  pair  wool  cards,  one  cooking  etovo  and  utensils,  not  exceeding 
$25  in  value,  one  cradle,  one  Bible  and  hymn  book,  all  school 
books,  two  horses  or  mules,  or  one  of  each,  or  one  yoke  of  oxen, 
one  ox  cart,  ring,  staple  and  log-chain,  one  two-horse  or  one-liorse 
wagon  not  exceeding  $75  in  value,  and  harness,  one  man's  sad- 
dle, one  woman's  saddle,  two  riding  bridles,  twenty-five  barrels 
corn,  twenty  l)U8hel8  wheat,  500  bundles  oats,  500  bundles  fod- 
der, one  stack  hay  not  exceeding  $20  in  value,  and,  in  families 
of  less  than  six  persons,  1,000  pounds  of  po  -k,  slaughtered  or  on 
foot,  or  600  pounds  of  bacon,  and,  if  more  than  six  persons, 
1,200  pounds  of  pork  or  900  pounds  of  bacon,  all  the  poultry  on 
hand  and  fowls  np  to  $25,  a  home-made  carpet,  and  six  cords 
wood  or  100  bushels  coal,  and,  if  the  head  of  tlie  family  be 
engaged  in  agriculture,  two  plows,  two  hoes,  one  grubbing  hoe, 
one  cutting  knife,  one  harvest  cradle,  one  set  plow  gears,  one 
pitchfork,  one  rake,  one  iron  wedge,  five  head  of  sheep,  and  ten 
head  of  stock  hogs ;  also,  in  hands  of  a  mechanic,  one  set  of 
mechanic's  tools,  such  as  are  usual  and  necessary  in  pursuit  of 
his  trade ;  also,  in  hands  of  every  male  citizen,  or  female  if  liead 
of  family,  one  gun ;  also,  in  hands  of  head  of  family,  or  single 
female  using,  in  earning  livelihood,  one  sewing  machine ;  and  in 
hands  of  heads  of  families  fifty  pounds  of  picked  cotton,  twenty- 
five  pounds  of  wool,  and  enough  upper  and  sole-leather  to  pro- 
vide shoes  for  family;  also,  if  such  person  be  a  mechanic,  $50 
worth  of  lumber  or  material ;  also  the  wages  of  a  laborer  to  the 


384 


TENNESSEE. 


ii  i- 


An 


extent  of  $100.  But  no  property  is  exempt  from  execution  upon 
a  judgment  for  the  labor  and  services  of  the  judgment  creditor 
when  the  recovery  is  Jess  than  $25. 

Gaknishee  Pkooess.     See  Attachments. 

Impkisonment  foe  Debt.     See  Arrest. 

Interest  and  Usury: 

Legal  Rate,  6  per  cent. 

Allowable  by  stipulation,  10  per  cent. 

Usicry  is  punishable  by  fine  of  $100  and  loss  of  all  interest 
over  6  per  cent. 

In  actions  upon  open  accounts  the  matter  of  interest  is  left  to 
the  discretion  of  the  jury. 

Judgments  rendered  against  a  debtor  in  his  own  county  of 
-.sidence,  or  rendered  elsewhere  and  registered  in  his  county,  ope- 
rate as  a  lien  upon  all  the  real  estate  of  the  debtor  in  the  State 
for  twelve  months  from  the  date  of  recovery  or  registration  as 
aforesaid.  An  execution  may  be  issued  at  any  time  within  seven 
years  after  rendition  of  judgment,  and  will  bind  the  personal 
property  of  the  judgment  debtor  from  the  date  of  issue  to  the 
sherifi-  and  until  the  next  term  of  court.  The  plaintiff  must 
exhaust  the  personal  property  before  he  can  levy  upon  real  estate, 
unless  the  debtor  elects  to  have  the  real  estate  sold  first. 

Limitation  of  Actions  : 

Six  Motitks.— Actions  for  slander. 

One  Tear.— Actions  for  libel,  criminal  conversation,  malicious 
prosecution,  seduction,  breach  of  promise  of  marriage,  and  statu- 
tory penalties. 

Three  Tears.— Actions  for  trespass  on  real  or  personal  prop- 
erty, and  for  the  detention  or  conversion  of  chattels. 

Six  Tears.— Actions  for  rent,  for  use  and  occupation,  against 
public  ofiicers  for  misfeasance,  malfeasance,  or  nonfeasance  in 
their  official  duties ;  and  actions  on  co?itracts  not  under  seal. 

Ten  Tears.— S&dhfl  instruments,  including  the  bonds  given 
by  public  officers,  on  judgments  of  courts  of  record,  and  all  other 
actions  not  expressly  limited  herein. 

Married  Women  in  this  State  are  subject  to  very  many  of  the 
common-law  disabilities.  The  personal  property  owned  by  them 
at  marriage  passes  to  the  husband,  except  that  her  rights  in 


TENNESSEE.  335 

action  and  other  property,  not  reduced  to  possession  bv  him  dur- 
".g  h.s  hfetnne,  may  be  retained  by  her  as  her  own  property 
upon  h,s  decease;  but  if  the  husband  survives  the  wife  he  ml/ 
as  her  admnnstrator,  collect  all  debts  due  her,  and  take  poTsS 
s.on  of  all  her  personal  effects  of  every  descrip  ion,  whi  h^e- 
njion  becomes  his  property  absolutely  ^       '  ^  "'-^  "^ere 

The  separate  real  estate  owned  by  the  wife  at  marriaije  or 
eqinred  by  descent,  gift  or  inheritance,  during  coverture  may 
be  held  by  her  as  absolutely  as  if  a/.  J  ,ole.  ^She  may  l^ey 
he  same,  by  her  husband  joining  in  the  deed,  or  deviTeTh   same 
by  wi  1,  reservmg,  of  course,  the  husband's  right  by  cu  te  y     She 

Ze  tTheT'  Tr'  ^P"^^^  P°"^^  ^-^*^d  -  tLdelTof  any 
mentis,  she  may  convey  her  property  by  will  or  deed  in  the  same 
manner  as  a/m.  sole,  provided  her  privy  examination  is  taken 
before  a  chancellor  or  circuit  judge  of  thfs  Static  clerk  fihe 
County  Court;  and  she  may,  in  such  a  case,  carry  on  bu  L  s  on 

tiac  8  m  the  same  manner  as  a  single  woman. 
The  separate  estate  of  a  married  woman  is  liable  for  necessa- 

;  erf:  1  ^^^^^^^^^^  ;T  "T  ^^-^^^^^  '•  ^^^  -tracts  m l 
1  '  u  f  *  ""^  ^^'"'^^  ^'^  ^«^  separate  estate,  will  be 
bmdmg  on  her  sole  property,  provided  the  intent  to  hll  it 
appears  m  the  wntten  instrument  executed  for  that  purpose 

Pkomissoby  Notes.    ^^^  BilU  of  Exchange. 

WiLLs.-Where  a  will  is  not  wholly  in  the  handwriting  of  th« 
testa  or,  and  found  after  his  decease  among  his  va7uab^^^^'L  ? 
or  placed    n  the  hands  of  a  friend  by  hil  for  la  e  keepW  ^ 
must  be  signed  by  the  testator  ^n  the  presence  of  twoT^'/ 
rested  subscribing  witnesses.  ^  ^^"^  ^'^'''^^ 

25 


8S6 


T£:nnessee. 


TENNESSEE. 


BROWNSVILLE  —  Haywood  County. 
E.  J,  &  J.  C.  Bead. 

Refer  to  Merchants'  National  Bank,  Union  and  Planters'  Bank, 
Memphis,  Tenn.;  S.  H.  Kennedy  &  Co.,  New  Orleans,  La.;  Henry 
Bell  &  Son,  Senter  &  Co.,  St.  Louis,  Mo.;  Haynes,  Neel  &  Co., 
Tral)ue,  Davis  A  Co.,  Louisville,  Ky. ;  Kemper  Brothers,  Wilson  & 
Hayden,  Cincinnati,  O.;  Hopkins,  Harden  &  Kemp,  Baltimore,  Md.; 
Wood,  Marwh,  Hay  ward  &  Co.,  Morgan.  Bush  &  Co.,  Philadelphia, 
Pa,;  Evans,  Gardner  &  Co.,  Henry  W.  .Juryee  &  Co.,  New  York. 

CHATTANOOGA  — HamUton  County. 
Lawrence  S,  Marye. 

Tub  First  National  Bank  op  Chattanooga,  ) 
Chattanooga,  Tenn.,  March  1,  1873.         [ 

S.  F.  Kneeland,  Albany,  N.  Y. : 

Lawrence  S.  Marye  is  an  attorney  at  law  and  a  gentleman  of 
character  and  standing  in  this  community. 

Yours  truly, 

W.  P.  RATHBURN,  President. 

CLARKSVILLE  —  Montgomery  County. 
Arthur  H.  Munford. 

Ci,ARK8ViLLE,  Tenn.,  Feb.  24,  1873. 
S.  F.  Kneeland,  Esq.,  Albany,  N.  Y. : 

Dear  Sir. — I  can  confidently  recommend  A.  H.  Munford,  Esq., 
as  well  qualified  to  undertake  any  legal  business  intrusted  to  him  ; 
he  is  prompt  and  faithful  in  the  interest  of  his  clients. 

W.  P.  HUME, 
Cashier  of  First  National  Bank  of  Clarksville. 


(i  a  gentleman  of 


.,  Mb.  24,  1873. 


;  of  Clarksville. 


TENNESSEE.  387 

I  take  pleasure  in  adding,  in  addition  to  what  Mr.  Hume  has 
stated,  that  Mr.  Munford  is  a  competent  as  well  as  a  faithful  and 
prompt  lawyer. 

JAMES  E.  RICE,  Judge,  etc. 

DRESDEN— Weakly  County. 
Charles  M.  Ewing. 

Dresden,  Tenn.,  Feb.  25,  1873. 
Mr.  S.  F.  Kneeland,  Albany,  JV.  Y.  ; 

Dear  SiR.-Charles  M.  Ewing,  Esq.,  a  member  of  the  bar  of  this 
place,  IS  a  lawyer  of  high  character  for  ability  and  integrity,  and  is 
prompt  and  perfectly  trustworthy. 

Yours  respectfully, 
JAS.  D.  PORTER,  Jr.,  Judge  Thdfth  Cir.  of  Temi. 

ELIZABETHTOWN- Carter  County. 
Butler  &  Emmert. 

R.  R.  Butler  (Member  of  Congress). 
W.  C.  Emmert. 

Elizabethtoavn-,  Carter  Co..  Tenn.,  ) 
Jammry  10,  1873.  '  j 

I  hereby  certify  that  Wm.  C.  Emmert  and  R.  R.  Butler,  compos- 
ing  the  law  firm  of  Butler  &  Emmert,  are  attorneys  in  good  standin.. 
m  this  community,  and  are  skilled  in  their  profession. 

H.  C.  SMITH,  Chancellor,  etc.,  First  Div.  Tenn. 

FAYETTEVILLE- Lincoln  County. 
Solman  &  Holmnn. 

Daniel  W.  Holman. 
James  H.  Holman  (Attorney-General). 
Holman  &  Holman,  of  FayetteviUe,  Tenn.,  are  attorneys  in  full 
"^TolTZr  "^^^"''^^'  ''''  ^^^^'^'"^^  worthy  t^ieconfi. 
JOHN  P.  STEELE,  Chancellor. 
JOHN  W.  PHILLIPS,  Judge  Seventh  dr.,  Tenn. 
Shelbyville,  Tenn.,  Jan.  1,  1870. 


38S 


TENNESSEE. 


1'' 


FRANKLIN— WiUiamson  County. 
Cook  &  Itichardson, 

Henky  II.  Cook. 

KOBEBT  N.  RiOHARUSON. 

GAINESBOROUGH— Jackson  County. 
Youuff  &  Young, 

Milton  B.  Young. 
Napoleon  B.  Young. 

I,  James  M.  Richmond,  cliairman  aud  presiding  officer  of  the 
County  Court  of  Jackson  county,  take  pleasure  in  stating  that  M. 
B,  Young  and  N.  B.  Young,  under  the  style  aud  firm  of  Young  & 
Young,  are  practicing  attorneys  in  all  the  courts  of  law  and  equity 
in  the  State  of  Tennessee;  they  obtained  a  license  to  practice  in  the 
year  1867.  They  are  both  men  of  good  moral  character,  of  sober 
and  industrious  habits,  and  are  efficient  in  their  profession.  They 
are  gentlemen  of  integrity,  honest  and  reliable,  and  have  been 
personally  known  to  me  for  fifteen  years,  and  I  take  much  pleasure 
in  giving  to  them  this  testimonial. 

Given  under  mv  hand  and  seal  of  the  Court,  this  the  7th 
[l.  s.]       day  of  January,  1873. 

JAMES  M.  RICHMOND,   Chairman. 

State  op  Tennessee,  j 
County  of  Jackson,     \ 

I,  William  G.  Cox,  Clerk  of  the  County  Court  of  Jackson,  do 
hereby  certify  that  James  M.  Richmond  is  the  County  Judge  of 
the  county  aforesaid,  and  that  his  signature,  as  it  appears  to  the 
above,  is  genuine. 

Witness  my  hand  and  seal  of  office  in  Gainesborough,  on 
[l.  8.]      this  the  7th  day  of  January,  1873. 

WM.  G.  COX,   County  Court  Clerk. 


ii 


:.|.:i 


ake  much  pleasure 
Court,  this  the  7th 


ND,   Chairman, 


TENNESSEE.  3S9 

GALLATIN  — Sumner  County. 
Jmnes  8,  Tompkina. 

Office  of  Fibst  National  Bank,  ) 
Gallatin,  Tenn.,  March  1st,  1873.      \ 
We  take  pleasure  in  recommending  James  S.  Tompkins,  Esq.,  as 
a  prompt  and  efficient  collecting  attorney,  and  a  man  of  undoubted 
integrity. 

JOHN  T.  BALER,   Vice-President. 
D.  B.  ANDERSON,  Teller. 

GROSS  PLAINS -Robertson  County. 
Ewin  JBurney. 

Office  of  Springfield  National  Bank. 
To  S.  F.  Knekland,  Esq.,  Albany,  N.  Y.  : 

We  are  acquainted  with  Ewin  Burney  as  an  attorney,  and 
believe  him  competent  and  qualified  to  undertake  any  legal  busi- 
ncss  intrusted  to  him  ;  he  is  prompt  and  faithful  in  the  interests  of 
Ins  clients,  and  this  testimonial  is  cheerfully  accorded. 

H.  T.  STRATTOX,    Cashier. 
TIIOS.  PEPPER, 
GEO.  R.  SCOTT, 

Directors. 


HARTSVILLE 
Wm.  J.  Neely. 


Trousdale  County. 


JONESBOROUGH- Washington  County. 
S.  J,  Kirkpatrlck. 

Chattanooga,  Tenn.,  Nov.  25,  1872. 
S.  F.  Kneeland,  Esq.,  Albany,  N.  Y.  : 

I  have  known  S.  J.  Kirkpatrick,  Esq.,  ever  since  he  has  been 
practicing  nis  profession,  and  for  several  years  practiced  at  the 
same  bar  with  him.  It  gives  me  pleasure  to  bear  testimony  to  his 
liigh  standing  as  a  lawyer,  to  his  fidelity  to  his  clients,  atul  to 
his  honorable  character  as  a  gentleman. 

JAMES  W.  DEAI  F.MCK,  Judge  Sup.  Ct.  of  Tenn. 


890 


TENNESSEE. 


KNOXVILLE  — Knox  County. 
Lewis  &  Comfort. 

J.  F.  J.  Lewis  (ex-Judge  of  Probate  in  the  State  of  Kansas). 
Jamks  Comfort. 

„,      ,        .,  Knoxvillb,  Tenn.,  March  1,  1873. 

lo  whom  It  may  concern : 

I  have  been  personally  acquainted  with  Mr.  James  Comfort  who 
IS  a  practicing  attorney  in  the  State  and  Federal  courts  of  this  city 
for  about  seven  years,  and  I  take  great  pleasure  in  coraraeiuliiiii 
him  to  favor  both  as  an  educated  gentleman  and  a  lawyer  of  high 
integrity  and  industry.  Any  business  that  may  be  intrusted 
to  Mr.  Comfort  will  meet  with  prompt  attention  and  be  faithfully 
accounted  for. 

CONNALLY  F.  TRIGG, 

U.  S.  District  Judge  for  tlw  Districts  of  Iknnessee. 

LIBERTY  — De  Kalb  County. 
Joseph  H.  Blackhurne. 

MEMPHIS  — Shelby  County. 
Ellett  &  Phelan. 

Henry  T.  Ellett  (ex-Judge  of  the  Supreme  Court  of  Tennes- 
see, Member  of  Congress  and  State  Senator  of  Mississippi). 
James  Piielan  (formerly  State  Senator  of  Mississippi). 

Memphis,  Tenn.,  Dec.  9,  1872. 
Messrs.  Ellett  &  Phelan  are  attorneys  at  this  bank  and  do  an 
extensive  practice  ii.-  all  the  courts  of  this  city.  They  are  gentle- 
men of  liigh  personal  character,  and  rank  with  our  very  best  Lawyers 
for  ability  and  integrity.  Full  confidence  can  be  placed  in  them 
by  the  public. 

Respectfully, 

R.  J.  MORGAN,  Chancellor. 

NASHVILLE  —  Davidson  County. 
Michard  Stanley  Tiithill  (formerly  Attorney-General  of  the 
Nashville  Circuit,  and  U.  S.  Asst.  District  Attorney  at  Nashville). 

Nashville,  Tenn.,  July  22,  1873. 
R.  S.  Tuthill,  Esq.,  is  a  man  of  large  natural  ability  and  profes- 
sional skill,  coupled  with  untiring  energy  and  devotion  to  business. 


.N,  Chancellor. 


TENNESSEE.  391 

I  think  him  decidedly  a  skillful  business  man,  and  in  every  respect 
worthy  of  confidence.  I  recommend  him  with  much  cheerfuluesfl 
to  the  confidence  of  all  who  may  have  business  in  his  lino. 

NATHANIEL  BAXTER, 
Judge  of  Circuit  Court,  Davidson  Co.,  Tenn. 

Mr.  T.  is  a  lawyer  of  fine  ability  and  one  of  unquestioned  honor 
and  integrity. 

J.  C.  GUILD,  Judge  of  the  Law  Court  of  NashviUe. 

PARIS — Henry  County. 
Williams  &  Taylor, 

Parts,  Tenn.,  May  20,  1873. 
I  hereby  certify  that  I  am  personally  acquainted  with  Messrs. 
Williams  &  Taylor,  practicing  attorneys  at  this  place,  and  know 
them  to  be  honorable  gentlemen,  and  every  way  worthy  and  respon- 
sible, personally  and  professionally. 

I.  W.  HARRIS,  Brobate  Judge  Henry  Co.,  Tenn. 

State  of  Tennessee,  ) 
Henry  County.        j 

I,  James  W.  Ray,  Clerk  of  the  County  Court  of  said  county,  do 
certify  that  I.  W.  Harris,  whose  name  appears  to  the  certificate 
al)ove,  IS  now,  and  was  at  the  date  thereof,  the  acting  Probate 
Judge  of  said  County  Court,  duly  elected,  qualified  and  commis- 
sioned, and,  as  such,  full  faith  and  credit  may  be  given  all  his  official 
acts. 

Given  under  my  hand  and  seal  of  office,  at  office,  May  26 
[l.  s.]     1873.  ^      ' 

JAMES  W.  RAY,  Clerk. 

PULASKI -Giles  County. 
A.  J,  &  J,  p.  Ahevnathy. 


RIPLEY  — Lauderdale  County. 
Chas,  H.  Conner. 


892 


TENNESSEE. 


4i  I, 
^1  i.  i» 


SOMERVILLE  —  Fayette  County. 
Fred,  M.  Tayloi'. 

SoMERviixE,  Fayette  Co.,  Tenn.,  Jan.  1,  1873. 
_  I  take  pleasure  in  testifying  that  Fred.  M.  Taylor,  Esq.,  a  prac- 
ticing attorney  and  a  citizen  of  our  town,  is  faithful,  energetic  and 
reliable  in  his  profession,  and  in  all  the  relations  of  life,  and  enjoys 
the  esteem  and  confidence  of  all  his  fellow-citizens. 

R.  M.  MOORE,  Clerh  Circuit  Court. 

AND.  J.  PEEBLES,  CUrk  and  Master  Chancery 

Court,  Somerville. 
CHAS.  LYNN,  former  Chairman  of  City  Court, 

and  Jfember  Legislature. 
THOS.  J.  FLIPPIN,  Judge  Fourteenth  Ju.  Cir., 

State  of  Tennessee. 
JOHN    C.   REEVES,    CUrk    of    County   Court, 

Fayette  County,  Tenn. 

TRENTON— Gibson  County. 
Wise  A.  &  John  8,  Cooper, 

Wise  A.  Cooper. 

John  S.  Coopek, 

To  whom  it  may  concern : 

I  am  Judge  of  the  Thirteenth  Judicial  Circuit  of  Tennessee,  in 
which  is  included  Gibson  county,  of  which  Trenton  is  county  seat 
Messrs.  Wise  A.  and  John  S.  Cooper  are  resident  lawyers  at  Tren- 
ton. They  are  solvent,  reliable  men,  good  lawyers,  energetic  and 
prompt  in  attention  to  business  ;  will  collect,  and  account  punctu- 
ally for  any  business  placed  in  their  hands.     This  8th  March,  1873. 

GID.  B.  BLACK, 
Judge  of  the  Thirteeiith  Circuit,  Tenn. 

WINCHESTER  — Franklin  County. 
John  H.  Beasley. 


TEXAS. 


393 


rp 


TEXAS. 


EWACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.    See  Deeds. 

Arekst  in  Civil  Actions  is  prohibited  in  this  State. 

Attacuments  may  be  isGued  upon  a  bond  and  affidavit  being 
filed  witli  tlie  District  Court  at  the  commencement  or  durin-^  the 
pendency  of  a  civil  suit.  The  affidavit  must  show  the  nature 
.and  amount  of  the  indebtedness,  that  it  is  just,  and  the  existence 
ot  one  or  more  of  the  following  grounds : 

1st.  That  the  defendant  is  not  a  resident  of  the  State; 

2d.  That  he  is  about  to  remove  therefrom,  or  has  abandoned 
his  country;  or, 

3d.  That  he  secretes  himself  so  that  the  ordinary  process  cannot 
be  served  upon  him ;  or, 

4th.  Tliat  lie  is  about  to  remove  his  property  beyond  the 
State  or  beyond  the  jurisdiction  of  the  court ;  or, 

5th.  That  he  is  about  to  transfer  or  secrete  or  has  transferred 
or  secreted  his  property  for  the  purpose  of  defrauding  his  credit- 
ors, and  that  thereby  the  plaintiff  will  probably  lose  his  debt. 

When  the  debtor,  in  such  a  case,  has  no  property  liable  to 
attachment  the  debts  due  him  may  be  reached  by  garnishment. 

Bills  of  Exchange  and  Promissoey  Notes  are  governed  by 
the  common  law,  except  that  the  holder  of  any  accepted  bill  of 
exchange  or  promissory  note  may  fix  the  liabili  y  of  the  drawer, 
or  any  indorser  thereon,  without  protest  or  notice,  by  instituting 
suit  against  tlie  acceptor  or  maker  before  the  first  term  of  court 
to  which  suit  can  be  brought  after  the  right  of  action  accrues ;  or 
by  instituting  suit  before  the  second  term  of  court,  and  showing 
good  cause  why  it  was  not  instituted  before  the  first  term. 
Bills  of  Sale  are  never  used  for  the  purpose  of  creating  a 


394 


TEXAS. 


lien  in  the  nftturo  of  a  chattel  mortgage;  but  the  transfer  of 
titli)  to  poreonal  property  can  only  he  safely  ])erfonned  by  means 
of  a  bill  of  sale;  and  especially  is  this  true  in  relation  to  the  sale 
of  stock  cattle  and  horses. 

Deeds  of  Trust  and  Cjiattkl  Moktqaoes  are  used  for  the 
purpose  of  creating  a  lien  on  specific  personal  property ;  but  they 
must  be  recorded  in  the  county  where  the  mortgagor  or  grantor 
resides,  in  order  to  protect  the  property  from  subsequent  pur- 
chasers, mortgagees  or  creditors  in  good  taith. 

Deeds  of  trust  are  preferred  to  either  chattel  or  real  estate 
mortgages,  as  the  trust  may  be  executed  without  suit,  while 
mortgages  must  bo  foreclosed  by  the  ordinary  suit  in  equity  for 
that  purpose. 

Deeds  and  MoEroAOES. — The  acknowledgment  of  any  instru- 
ment in  writing  may  be  taken  in  any  other  State  or  Territory 
before  a  notary  public,  the  judge  or  clerk  of  a  court  of  record 
kaving  a  seal,  or  a  commissioner  appointed  by  the  Governor  of 
Texas  for  that  purpose.  If  executed  in  any  foreign  country  the 
acknowledgment  or  proof  may  be  taken  before  any  public  minis- 
ter, charge  d'affaires,  consul  or  consular  agent  of  the  United  States. 

A  seal  is  not  necessary;  and  where  a  conveyance  is  acknow- 
ledged, witnesses  are  not  required. 

All  conveyances  aft'ecting  real  estate,  excepting  leases  for  five 
years  or  under,  must  be  recorded  in  the  clerk's  office  of  the 
county  where  the  property  is  situated  ;  and  they  take  efiect  from 
the  date  of  filing  for  record,  as  to  third  parties,  without  actual 
notice. 

Form  of  Achnowledgments.     See  Deeds. 

Estates  of  Deceased  Persons. — Claims  must  be  presented 
in  time  to  be  probated  within  one  year  from  the  time  of  grant- 
ing letters  of  administration ;  otherwise  they  will  be  subject  to 
the  prior  payment  of  all  claims  probated  within  that  time.  Tlie 
sworn  statement  of  the  creditor  attached  to  the  claim  should 
contain  the  following :  "  That  the  claim  is  just,  that  nothing  has 
been  paid  or  delivered  toward  the  satisfaction  of  such  claim, 
except  what  is  mentioned  or  credited  (if  any),  that  there  are  no 
counter-claims  known  to  affiant  which  have  not  been  allowed 
(if  any),  and  that  the  sum  or  balance  claimed  is  justly  due." 


TEXAS. 


395 


Tlic  aflidavit  ehould  be  made  before  a  commissioner  for  tlie  State 
of  Texas.  If  tbe  creditor  is  a  corporation  the  affidavit  should 
1)0  sworn  to  by  the  treasurer,  cashier  or  managing  agent  thereof; 
and  when  the  affidavit  is  made  by  such  officer,  or  by  a-  execu- 
tor, administrator,  assignee,  trustee  or  attorney,  it  should  state 
"  that  the  affiant  has  nmde  diligent  inquiry  and  examination,  and 
that  he  does  verily  believe  that  nothing  has  been  paid,"  etc.,  aa 
al)ove. 

Where  a  clahn  is  rejected  by  the  executor  or  administrator,  the 
creditor  must  commence  an  action  thereon  within  ninety  days  or 
be  forever  barred. 

Debts  against  the  decedent  rank  in  dignity  aa  follows:  Ist, 
Funeral  expenses.  2d.  Expenses  of  last  sickness.  3d.  Specific 
liens  according  to  their  priority,  so  far  as  the  same  can  be  paid 
out  of  the  property  to  which  the  lien  is  attached.  4th.  Wages 
of  servants.  5th.  Judgment  liens  on  real  estate.  6th.  All 
claims  legally  exhibited  within  one  year.  7th.  All  other  claims. 
Executions.  See  Jndgmenta  and  Exempima. 
Exemptions  : 

IIomestead.—EvQYy  resident  householder  is  entitled  to  an 
estate  of  homestead  to  the  value,  at  the  time  of  designation,  of 
$500,  including  200  acres  in  the  country,  or  any  lot  or  lots  in  a 
town  or  city,  used  as  a  homestead.  The  exemption  extends  also 
to  any  extra  value  acquired  afterward  on  account  of  improve- 
ments or  otherwise. 

Personal  Property.— T\\QVQ  is  also  exempted  to  resident  house- 
holders household  and  kitchen  furniture  to  the  value  of  $500  • 
implements  of  husbandry,  live  milch  cows,  two  yoke  of  work- 
oxen,  two  horses,  one  wagon,  one  buggy  or  carriage,  one  gun, 
twenty  hogs,  twenty  sheep,  all  provision  and  forage  on  hand  for 
home  consumption;  saddles,  bridles  and  harness  necessary  for 
the  use  of  the  family.  Every  citizen,  not  the  head  of  a  family, 
may  have  exempt  from  execution  one  horse,  saddle  and  bridle, 
all  wearing  apparel,  and  the  tools,  books  and  apparatus  of  his 
trade  or  profession. 

Imprisonment  fob  Debt.     See  Arrest. 

Interest : 

Legal  Hate,  8  per  cent. 


396 


TEXAS. 


\u 


!  U 


if!fnii!''i 


M. 


Partiefi  may  le<?ally  Btlpulato  tV)r  any  rate  of  interest. 

Judgments  are  a  lion  on  real  estate  in  the  county  whore  dock- 
eted, or  a  transcript  thereof  is  recorded. 

The  lien  ceases  at  the  expiration  of  one  year,  without  an  execu- 
tion  is  sued  out  during  said  year ;  and  the  lien  continues,  pro- 
vided execution  issues  every  ten  years  thereafter. 

Limitation  of  Actions  : 

Two  Years. — Actions  upon  open  accounts,  except  between 
merchants,  and  actions  in  the  nature  of  trespass,  trover  and 
rej)'evin. 

Four  Years. — Actions  on  notes  and  otlier  written  instru- 
ments, and  actions  on  foreign  judgments. 

Ten  Years. — Record  judgments. 

Mortgages  and  other  liens  expire  when  the  claims  are  limited 
for  which  they  are  intended  as  a  security. 

A  written  promise  to  pay  will  revive  the  running  of  the 
statute  ;  but  a  part  payment  will  not. 

Makrikd  Women. — A  married  woman  retains  the  title  to  the 
property  owned  by  her  at  the  time  of  her  marriage,  or  acquired 
by  her  during  coverture  by  gift,  devise,  bequest  or  in'heritance, 
subject,  however,  to  the  control  of  her  husband.  The  husband 
also  holds  to  his  separate  use  all  property  owned  or  acquired  as 
aforesaid.  All  other  property  acquired  by  either  of  them  is 
common.  During  coverture  the  husband  has  the  management 
and  the  exclusive  right  of  disposing  of  the  common  property; 
and  it  is  liable  for  the  debts  of  the  husband  and  the  liabilities  of 
the  wife  for  necessaries  contracted  during  coverture.  Upon  the 
death  of  one  of  the  parties,  the  common  property  goes  to  the 
survivor  if  there  be  no  children  ;  if  there  are  children,  then  one- 
half  thereof  to  the  children  and  the  remainder  to  the  survivuig 
parent ;  with  this  exception,  the  marriage  laws  of  Texas  and 
California  are  practically  similar. 

Promissory  Notes.     See  Bills  of  Excln^mj:. 

Wills  must  be  signed  by  the  testator  in  the  presence  of  at 
least  two  subscribing  witnesses,  except  where  a  will  is  wholly  in 
the  handwriting  of  the  testator ;  in  which  case  witnesses  are  not 
re()ui8ite  to  its  validity. 


TEXAS. 


897 


TEXAS. 


vritten  iustrii- 


ms  are  limited 


inning  of  the 


ATHENS  — Henderson  County. 
Thou,  D,  Evans  (formerly  District  Attorney). 
Statk  of  Texas,    ) 
Jlenderaon  County,  j  **' "' 

I,  James  H.  Skinner,  Presiding  .Justice  of  Henderson  connty, 
State  of  Texas,  do  liereby  certify  that  Thomas  D.  Evans,  a  prac- 
ticing attorney  at  this  bar,  is  well  qualified  to  attend  to  any  busi- 
ness intrusted  to  him,  is  a  man  of  good  moral  character  and  strict 
integrity,  and  stands  high  as  a  member  of  the  bar  in  this  Judicial 
District.    Ihis  January  10,  \B1^. 

JAMES  H.  SKINNER, 

Presiding  Justice  for  Henderson  Co.,  Texas. 

I,  JeflF.  E.  Thompson,  Clerk  District  Court,  Henderson  county, 
do  hereby  certify  that  James  H.  Skinner,  whose  signature  ic  afiixed 
to  the  foregoing,  was  at  the  time  and  is  now  the  officer  as  above 
stated,  with  all  powers  and  emoluments  to  the  same  belonging. 
This  January  10,  1873. 

JEFF.  E.  THOMPSON,  Clk.  B.  G.  II.  C,  Texas. 

BONHAM  — Fanin  County. 
Hichard  li,  Semple. 

BoNiiAM,  February,  1873. 
Richard  B.  Semple  is  a  lawyer  of  ability  and  integrity,  perfpctly 
reliable  and  entirely  responsible. 

M.  A.  KNIGHT,  Chief  Justice  Franklin  Co.,  Texas. 

BROWNWOOD  — Brown  County. 
Henry  B.  Tarver, 

I  recommend  H.  B.  Tarver  as  a  good  and  trustworthy  lawyer, 
and  one  that  can  be  depended  upon. 

G.  FISK,  Judge  County  Court  Brown  Co.,  Texas. 


1 


398 


TEXAS. 


if 


BRYAN  — Brazos  County. 
Broaddus  &  Thomas. 

Andrew  S.  Bboakdus  (ex-Member  of  Legislature). 
Jas.  D.  Thomas. 
S.  F.  Kneriand: 

We  enclose  order  to  have  our  names  inserted  as  correspondents 
for  the  M.  P,  L.  Association  for  this  town  and  county,  with  the 
following  testimonial.  We  have  no  National  Bank,  and  the  Judge 
of  our  District  Court  is  not  now  in  the  State. 

BROADDUS  &  THOMAS. 

State  of  Texas,    ) 
County  of  Brazos,  j 

I,  Hammett  Hardy,  Presiding  Justice  of  the  county  aforesaid 
do  hereby  certify  that  Messrs.  Broaddus  &  Tliomas  are  responsible 
attorneys,  in  good  standing  and  in  full  practice  in  said  county,  and 
that  the  Judge  of  the  District  Court  for  the  Judicial  district  includ- 
ing said  county  is  absent  from  the  State. 

Given  under  my  hand  and  the  seal  of  the  said  court,  this 
[l.  s.j      the  12th  day  of  June,  A.  D.  IQiQ. 

HAMMETT  HARDY,  P.  J.,  Brazos  Co. 


CBNTERVILLE— Leon  County. 
Wood  &  Patrick. 


CliARKSVILLB  — Red  River  County. 

It.  M.  Gaines. 

The  National  Bank  of  Jefferson,  ) 
Jefferson,  Texas,  Jtme  11,  1873.      j 
S.  F.  Kneelanp,  Esq. : 

Dear  Sir. — It  affords  rao  pleasure  to  state  that  R.  R.  Gaines, 
Esq.,  an  attorney  of  Clarksville,  Texas,  is  in  every  respect  an 
honest,  prompt,  efficient  and  reliable  lawyer. 

Respectfully, 

W.  M.  HARRISON, 
President  JVational  Bank,  Jefferson,  Texas. 


&  THOMAS. 


TEXAS.  399 

CLEBURNE  — Johnson  Coiinty. 
Lewis  B.  Davis. 

The  State  op  Texas,  ) 
Johnson  County.      j 

This  is  to  certify  that  L.  B.  Davis  is  an  attorney  of  good  stand- 
ing and  a  man  of  integrity. 

HUGH  W.  BARCLAY, 

^es.  Justice  Johnson  County,  Texas. 
April  5th,  1813. 

COLUMBUS -Colorado  County. 
Botvan  Green, 

References:  Major  R.  L.  Foard,  Hon.  Josiah  Shaw,  Judge  Geo. 
W.  Smith,  S^mon  Thulemeyer,  J.  R.  Carlton,  J.  F.  Sandmever,  M. 
W.  Young,  Columbus,  Texas;  P.  Thompson  &  Co.,  Austin,  Texas; 
Qunun  &  Wluttm,  Wharton,  Texas  ;  Judge  C.  S.  Longcope,  and 
Hon.  Gustave  Cooke,  Houston,  Texas  ;  A.  Sessums,  Powell  &  Co. 
and  George  Schneider  &  Co.,  Galveston,  Texas. 

CORSICANA- Navarro  County. 
McJiolas  C.  Read. 

CoiisiCAXA,  Navarro  Co.,  Texas,  Jan.  10,  1873 
I  hereby  certify  that  Mr.  N.  C.  Read  is  a  member  of  the  bar  of 
the  Thirty-fifth  Judicial  District  of  Texas,  and  fully  indorse  him  as 
bemg  prompt,  well  qualified  and  energetic  in  the  discharge  of  all 
legal  business  that  mcy  be  intrusted  to  him. 

F.  P.  WOOD, 

Juclye  Thirty-ffth  Jud.  Dist.,  State  of  Texas. 

DALLAS  — Dallas  County. 
3IcCoy  <e-  McCoy, 

John  C.  McCoy  (ex-Member  of  Legislature  and  Dist.  Att'v) 
John  M.  McCoy  (now  City  Attorney). 

„      -  Dallas,  Texas,  Jime  14,  1872. 

10  whom  it  may  concern: 

My  personal  acquaintance  with  the  firm  of  McCoy  &  McCoy 
attorneys  at  law,  Dallas,  Texas,  as  well  as  the  general  reputation  of 
the  same,  warrants  me  in  saying  that  they  are  well  qualified  to 


400 


TEXAS. 


undertake  any  legal  business  intrusted  to  them.  They  arc  proniiit 
and  faithful  in  the  interests  of  their  clients,  and  this  testimonial  is 
very  cheerfully  accorded. 

IIAUDIN  HART,  Judge  Fourteenth  Ju.  Dist.,  Texas. 

I  most  cheerfully  indorse  the  above  statement. 

T.  C.  JORDAN,  President  City  Bank,  Dallas. 

P.  aS— McCoy  &  McCoy  are  the  attorneys  of  Texas  and  P.  \\, 
R.  Co.,  as  also  the  attorneys  for  the  Dallas  and  N.  R.  R.  Co., 
employed  by  the  year. 

DECATUR  —  Wise  County. 

T,   L,  Stanfteld   (ex-Presiding   Justice,   County   and  District 
Attorney). 

DE  WITT  —  CUnton  County. 
Phillips f  Lackey  &  Staytoti. 

A.  II.  Phillips  (ex-State  Senator). 

S.  C.  Lackey  (ex-District  Attorney). 

John  N.  Stayton  , formerly  District  Attorney). 

FORT  WORTH  —  Tarrant  County. 
Brewer  &  Waterman. 

Dallas,  Texas,  April  21,  1873. 
Messrs.  Brewer  &  Waterman,  who  are  practicing  attorneys  at 
Fort  Worth,  Tarrant  county,  Texas,  in  this  the  Fourteenth  Judicial 
District,  are  reliable  and  trustworthy  attorneys,  and  as  such  I  can 
recommend  them  to  the  public. 

Respectfully, 
HARDIN  HART,  Jud(/e  Fourteenth  Jud.  Bist.,  Tex. 

GAINESVILLE  — Cooke  County. 
John  T.  Walker. 

I,  W.  W.  Foreman,  Chief  Justice  of  aforesaid  county.  State  of 
Texas,  do  hereby  certify  that  John  T.  Walker,  Esq.,  is  a  regular 
practicing  attorney  in  the  town  of  Gainesville,  Cooke  county,  of 
good  standing  as  such. 

Given  this  28th  day  of  March,  1873. 

W.  W.  FOREMAN,  Pres.  Just.,  Cooke  Co. 


TJilTAS. 


401 


u.  Dist.,  Texas. 


ity   aud  District 


GALVESTON -Galveston  County. 
Jesse  Staucel  (ex-llegister  ill  JJankruptoy). 

^,  .    ,  Galvestox,  Texas,  June  2,  1873, 

ThiB  18  to  certify  tl.at  Col.  Je.se  Staucel  is  a  member  of  the  le^al 
.^c^o„,^„d  a  member  of  the  bar  in  good  standing  in  thi    ^1 
m..mty.      Any  1  us.noss  mtrusted  to  his  charge  will  receive  that 

S.  -DO^G^,  Judge  Criminal  District  Court  in  and 
tor  Galveston  and  Harris  Counties,  Texas, 

I^o^^N"AM,  Texas,  i^^i.  15,  1873, 
Jo  all  to  whom  these  presents  shall  come  : 

I  take  pleasure  in  saying  that  I  am  acquainted  with  Mr  Joel  A. 
Lip-scomb,  who  is  a  resident  of  this  (Washington)  county  '  tV    it 
i«  a  young  attorney  of  promise  and  integrity    and  wm^v  .'  I  t 
confidence  of  the  public.  ^     ^'  '^  ""^  ^''® 

J.  B.  M'FARLAND, 
Judge  Twentxj-ninth  Jud.  Dist.  of  Texas. 

GONZALES  -  Gonzales  County. 
Josejih  (yConner. 

To  whom  it  mag  concern :        ^*'^^"'''^'''  '^^'"''^«'  ^«''^^*  24,  187-^ 
This  certifies  that  I  have  known  Joseph  O'Conner  attornev  at 
.-,  for  a  number  of  years;  that  he  has  been  regularly' in  th.ra' 

^^.tive  t^  7T-  ""  ''"'•^  ^^  ''''  -*--^  «f  «l'-ts,  and  s 
aitcntive  to  all  business  intrusted  to  his  care      T  fnl-,.  ,  i 

»eoo,.,n,,,,  .„  „i„.  ,„u  tcti^o ,  of  „i,':;i:,  L :  Zy:™'"  ■" 

[•-  «.]         W.  V.  COLLINS,  CT„VV,*,  Oomales  Co.,  T™. 


2^.  'S'.  Reese. 


HEMPSTEAD -Austin  County. 


26 


402 


TUXAS. 


HOUSTON  —  Harris  County. 

Jno.  T.  Sarcourt  (formerly  Member  of  the  Senate,  State  of 
Texas). 


JACESBOROUGH— Jacks  County. 
Adrian  M.  Bennit. 

JEFFERSON— Marion  County. 
Mstes  &  Maocey. 
Benj.  T.  Estes. 
Thos.  S.  Maxey  (ex-Member  of  Legislature  in  Mississippi). 

KAUFMAN  —  Kaufman  County. 
Wm,  A.  Hindman. 

To  all  whom  it  may  concern : 

This  will  certify  that  Wm.  A.  Hindman,  Esq.,  is  an  attorney  of 
good  standing  at  the  bar,  and  of  honorable  and  moral  deportment, 
and  to  the  best  of  his  ability  will  honestly  discharge  his  duties  to 
his  clients  and  punctually  transact  any  business  which  may  be 
intrusted  to  him. 

To  certify  which,   witness  my   official   signature  and  the 
i[i.  s.]     seal  of  the  County  Court  of  Kaufman  county  on  this 
February  1,  1873. 

R.  BARNETT,  /'m.  Judge,  Kaufman  Co.,  Tex. 


LAREDO  —  Webb  County. 
Crafts  &  Peterson. 

W.  O.  Craffs. 
H.  C.  Peterson. 


I,''! 

IS 


t 


MATAGORDA  —  Matagorda  County. 
Don  E.  E.  Branian, 

Matagorda,  March  29,  1873. 
I,  the  undersigned.  Chief  Justice  of  Matagorda  county,  State 
of  Texas,  do  certify  that  I  have  known  D.  E.  E.  Braman,  Esq., 
a  practicing  attorney  at  law,  for  many  years ;  that  he  is  a  man 


TEXAS. 


403 


•fman  Co.,  Tex, 


of  honor  and  integrity  and  well  qualified  for  the  duties  of  his  pro- 
lession.  ^ 

Given   under  my  hand  and  seal  of  office  at  Matagorda, 
Ll-  8.J     March  29,  1873. 

H.  P,  GOVE,  Pres.  Just.,  Matagorda  Co.,  Texas. 

MOULTON— Moulton  County. 
Moulton  &  Doom, 

M.  C.  Moulton. 
D.  W.  Doom. 

"WooDviLLE,  Texas,  Jan.  27,  1873. 
c  ^'  ^'?^  Pedigo,  Judge  of  the  Second  Judicial  District  of  the 
htate  of  Texas,  including  the  county  of  Jasper,  hereby  certify  that 
1  am,  and  have  for  years  been,  personally  well  acquainted  with 
Messrs.  Moulton  &  Doom,  attorneys  and  counselors  at  law,  at 
Jasper,  Texas;  that  they  are  gentlemen  of  integrity  and  hir^i 
cliaracter,  learned  and  able  lawyers,  prompt  in  their  business  habUs 
and  zealous  m  the  cause  of  their  clients,  and  in  all  respects  reliable 
and  emcient  lawyers. 

II.  C.  PEDIGO,  Judge  Second  Jud  JDist. 

PARIS — Lamar  County. 
Hale  &  Scott. 

Paris,  Texas,  22d  3farch,  1873. 
I\rr.  S.  F.  Knkeland,  74  State  street,  Albany,  m  Y.  : 

Dear  S1B.-I  am  personally  acquainted  with  Messrs.  Hale  & 
bcott  who  are  practicing  attorneys  here,  and  can  say  that  they  are 
entn-ely  solvent,  men  of  superior  ability,  integrity,  morality  and 
promptness.  "' 

In  testimony  whereof,  I  hereunto  sign  my  name  and  affix  the 
Ll.  s.]     seal  of  the  District  of  Lamar  county,  Texas.     Done  at 
office,  m  Paris,  the  date  above  written. 
G.  W.  DE  WITT,  Clerk  Bist.  Ct.,  Lamar  Co.,  Tex. 


• 


■y 


f>  '' 


wS^m 

•  1'  < 
1' 

'  i        ' 

Mi 

Til,, 

il{i ; 

404 


TEXAS. 


QUITMAN  — Wood  County. 
John  F.  Jones, 

Quitman,  Texas,  Jaimcmj  14,  A.  D.  1873. 
I  liereby  cortily  tliat  John  F.  Jones  is  an  attorney  of  goodwlnnd- 
ing  at  this  bar,  and  wortl'y  of  all  contideuce  that  may  be  reponed 
ill  him. 

Witness  my  official  signature  and  seal  of  office,  this  the 
[l.  s.]       14th  day  of  January,  A.  U.  1873. 

T.  J.  WORTHY,  Clerk  D.  C,  Wood  Co.,  Te^im. 

I  concur  in  the  above. 

Witness  also  my  hand  officially,  and  seal  of  office,  date 
[l.  s.]      above  written. 

E.  K.  SHEItFOKD, 
J.  P.  and  ex  officio  JST.  P.  Wood  Coimty,  Texas. 

RICHMOND  — Fort  Bend  County. 

P.  E.  Pearson  (ex-District  Attorney). 
Refers  to 

Hon.  P.  W.  Gray,  Houston,  Texas. 
Judge  L.  Lindsay,  La  Grange,  Texas. 
Judge  W.  H.  Parkhurst,  Matagorda,  Texas. 
Judge  A.  P.  McCormic,  Brazoria,  Texas. 

ROCKPORT  —  Aransas  County. 
J.  Williamson  Moses  (Prest.  Justice). 

Austin,  Texas,  March  31,  1873. 
I  hereby  certify  that  J.  W.  Moses,  Esq.,  of  Rockport,  Aransas 
county,  Texas,  is  an  attorney  and  counselor  at  law,  in  good  stand- 
ing, and  is  authorized  to  practice  in  all  the  district  courts  and 
inferior  ones  in  the  State  of  Texas.  Mr.  Moses  practices  in  the 
counties  of  Aransas,  Refugio  and  Nueces  in  the  Sixteenth  Judicial 
District,  which  constitute  a  j^art  of  the  district  over  which  I  pre- 
side. I  further  indorse  Mr.  Moses  as  an  honorable  man  and  a 
gentleman, 

T.  C.  BARDEN, 
Judge  Sixteenth  Judicial  Dist.,  State  of  Texas. 


il  of  office,  date 


TEXAS. 


405 


SAN  ANTONIO -Bexar  County. 
Houston  &  Cooke, 

A.  W.  HousTox. 
Fred.  Cookb. 

MosBrs.   Houston   &   Cooke  are  gentlemen   of  sterling  wort), 
prompt,  energetic  and  efficient  in  businesB,  and  lawyers  f„lh>u' 
coufadence  may  be  reposed,  ^ 

H.  KLOCK, 

Presiding  Justice  Comity  Court,  Bexar  Co. 
G.  H.  NOONAN, 

Uistrict  Judge, 

SHERMAN  — Grayson  County. 
Woods  &  Cowles. 

James  D.  Woods. 

James  R.  Cowles. 


VICTORIA-Victoria  County. 
Phmip.H,  Lackey  &  Stayton. 

A.  H.  Phillips  (ex-State  Senator). 
Saml.  C.  Lackey  (ex-District  Attorney). 
John  W.  Stayton  (ex-District  Attorney). 

WACO 
Buck  Bros. 

G.  J.  Buciv. 
Silas  C.  Buck. 


McLennan  County. 


WAXAHACHIE-Ems  County. 
E.  P.  An(ler.son  tC-  Jiro. 

E.  P.  Anderson. 
G.  B.  Anderson. 

Office  op  District  Clerk,  Elms  County  ) 

Waxaiiaciiie,  Texas,  J/rt?r/(,  1873        'f 

To  t^'e  Officers  of  the  Jferchants^  Protective  Law  Association,  74 

^tate  street,  Albany,  R.  Y.:  ^'h  >* 

GEN'rLEMEN.-I  take  pleasure  in  recommending  E.  P.  Anderson 

and  George  B.  Anderson,  firm  of  E.  P.  Anderson  &  Bro  l^r  Z" 

neys  at  law,  as  being  gentlemen  of  good  average  legal  att^inCl, 


406 


TEXAS. 


and  well  worthy  the  confidence  of  those  disposed  to  intrust  busi- 
ness to  their  care.  Respectfully, 

N.  6.  DAVIS,  l^xsiiUng  Justice,  Ellia  Co.,  Ihxaa. 

S,  F.  Kneeland,  Esq.,  Albatiij,  N.  Y.  : 

Sir. — We  send  testimonial  from  our  county  judge,  as  the  district 
judge  is  absent.  Yours  truly, 

E.  P.  ANDERSON. 

WEATHERFORD  — Parker  County. 
Ball  &  Boach. 

A.  J.  Ball. 
I.  N.  Roach. 

Weatiierford,  Texas,  Jan.  15,  1873. 
To  the  Merchants''  Protective  Zaw  Association : 

I  take  pleasure  in  recommending  Messrs.  Ball  &  Roach,  of  this 
place,  as  competent  to  transact  any  legal  business  that  may  bo 
intrusted  to  them,  and,  at  the  same  time,  prompt  and  reliable. 

Respectfully, 

CHAS.  SEWARD, 

Judge  Ihirteenth  Judicial  District,  Ihxas. 

WILLIS  —  Montgomery  County. 
John  E.  George. 

This  is  to  certify  that  John  E.  George,  a  citizen  of  the  town  of 
Willis,  Montgomery  county,  Texas,  is  a  regular  practicing  attorney 
of  the  N  ineteentli  Judicial  District  of  said  State,  of  good  stand- 
ing, of  moral  habits,  and  is  prompt  in  .attendance  at  our  District 
Courts,  and  faithful  in  the  discharge  of  legal  duties. 

Given  under  my  hand  and  official  signature,  at  my  office,  in  the 
town  of  Montgomery,  this  the  24th  day  of  March,  1873. 

E.  C.  CHAMBERS, 

Presiding  Justice,  31ontgomery  County,  Texas. 

I,  P.  M.  Tell,  Clerk  of  the  District  Court,  corroborate  the  above 
statement. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  affix  the 
[l.  S.J      impress  of  the  seal  of  said  court,  at  office,  in  the  town 
of  Montgomery,  in  said  county,  this  24th  day  of  Marcb, 
A.  D.  1873. 

PLEASANT  M.  TELL,  Clerk  D.  C,  M.  C. 


UTAH  TERRITORY. 


407 


UTAH  TERRITORY. 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.     See  Deeds. 

Akkest  in  Civil,  AcTioNS—Tho  defendant  in  a  civil  action  ia 
liable  to  arrest  where  it  is  shown  by  proper  affidavits  that  he  ia 
about  to  depart  from  the  Territory  with  intent  to  defraud  hia 
creditors,  or  has  been  guilty  of  a  fraud  in  contracting  the  debt 
or  incurring  the  obligation  for  which  the  action  is  brouo-ht,  or  in 
concealing  or  disposing  of  such  property,  or  that  he  has'removed 
or  disposed  of  us  property,  or  is  about  to  do  so,  with  intent  to 
detraud  his  creditors. 

ArrAOHMENTS  will  issue  at  the  issuing  of  summons  in  an  action 
upon  a  contract  which  is  not  secured  by  mortgage,  lien  or  pledge 
upon  real  or  personal  property,  or,  where  the  defendant  has  ren- 
dered such  security  nugatory,  upon  the  plaintiff,  or  some  one  in 
lus  behalf,  hhng  a  bond  with  sufficient  surety,  and  making  an 
affidavit,  setting  forth  one  or  more  of  the  following  causes :  That 
the  defendant  is  not  residing  in  the  Territory;  or  has  departed 
or  IS  about  to  depart  from  the  Territory  or  county;  or  conceals 
himself  so  that  process  cannot  be  served;  or  is  disposing;  of  his 
property  with  intent  to  defraud  his  creditors. 

The  process  is  similar  to  that  in  California. 

Bills  of  Exchange  and  Promissory  Notes  are  governed  by 
tiie  provisions  of  the  common  law. 

CiiA'iTEL  Mortgages  are  valid  if  duly  acknowledged  and 
recorded.  &  " 

Executions.    See  Exemptions. 
Exemptions  : 

IIovxestead.--^v<,,^  resident  householder,  being  the  head  of  a 
taiiaJy,  is  entitled  to  an  estate  of  homestead  to  the  value  of  $1,000. 


408 


UTAH  TERRITORY. 


and  of  tho  additional  value  of  ^250  for  each  njcniLcr  of  Iiin  family, 
which  Hliall  he  exempt  from  levy  or  attachmet.c.  Also  the  fol- 
lowing: 

Penonal  Properti/.— Cham,  tahles,  depks  and  books,  to  the 
value  of  $100;  necesriary  household,  table  and  kitchen  fnniitiiro; 
and  wearing  apparel ;  and  provisions  and  fuel  for  sixty  days ;  farm- 
ing utensils,  or  impleiuents  ui  husbandry;  two  oxen,  or  two 
horses,  or  two  mules,  and  their  harness;  one  cow  and  calf;  one 
cart  or  wagon,  and  food  for  stock  for  sixty  days ;  all  seed 


)  r< 


irram 


or  vegetables,  on  hand  or  reserved  or  provided  for  planting  witliin 
six  months,  not  exceeding  in  value  $100;  tools  and  implomcnts 
of  a  mechanic  or  artisan  necessary  to  carry  on  his  trade ;  instru- 
yients  and  libraries  of  physicians,  dentists  and  surveyors ;  libraries 
of  lawyers  and  clergymen  ;  the  tent  or  cabin  of  a  miner,  including 
fui-niture  and  necessary  tools  used  in  mining,  not  to  exceed  in 
value  $400,  and  necessary  food  for  thirty  days. 

If  the  debtor  be  the  head  of  a  family,  there  is  further  exempt 
from  execution:  five  sheep  and  their  wool,  two  hogs,  and  three 
pigs,  and  necessary  food  for  them  for  sixty  days ;  all  flax  raised 
and  the  material  manufactured  therefrom ;  spinning  wheels  and 
other  nistruments  of  domestic  labor  kept  for  family  use ;  also  the 
earnings  of  the  debtor  for  his  personal  services,  or  those  of  his 
family,  rendered  within  sixty  days  next  preceding  the  levy  or 
attachment. 

Impeisonment  for  Debt.     See  Arrest. 

Interest  and  Usury  : 

Zegal  Rate,  7  per  cent. 

Allowable  by  contract  in  writing,  10  per  cent. 

Judgments  are  a  lien  for  two  years  on  the  real  estate  of  the 
judgment  debtor,  not  exempt  from  execution  in  the  county  where 
rendered  or  a  transcript  thereof  has  been  filed. 

Limitation  of  Actions  : 

Two  Tears.— Actions  npon  open  accounts  and  oral  contracts. 

Three  Years.— Actions  of  trespass  on  real  property ;  for  taking 
or  injuring,  or  for  the  specific  recovery  of  personal  property,  and 
for  relief  on  the  gro'.ind  of  fraud. 

Four  Years.— Actions  founded  on  written  instruments 

Five  Years. — Actions  on  judgments. 


VTA  U  TERR  [TOR  Y.  409 

Seven  Years.~kv.Wom  foi-  tho  recovery  of  real  property. 

Makuiki)  WoMKN.-Tho  Htatuto  provides  that  tho  property, 
cither  real  „r  personal,  owned  hy  either  8poU8o  heforo  niarria-o, 
an.   that  acquired  aftorwar.l  l)y  ^xH,  be.piest  or  devise,  or  descent, 
with  the  rents,  issues  and  profits  thereof,  is  tlie  separate  property 
ot  that  spouse  hy  wliom  tlie  same  is  owned  or  acpiired  ;  and  sepa- 
rate property  owned  or  acquired,  as  specified  ahove,  may  be  held 
niana/^^ed,  controlled,  transferred,  and  in  any  manner  disposed  of 
hy  the  spouse  so  owninj<  or  acquiring  it,  without  any  linn-fation 
(.r  restriction  by  reason  of  marria^^e.     Either  spouse  may  sue  or 
he  sued,  plead  or  be  impleaded,  or  defend  or  bo  defendant  at  law. 
A«  would    naturally  be  inferred   from  the    marital    relations 
amon^'  a  portion  of  the  people  occupying  this  Territory,  the  ri-rht 
ot  dower  does  not  exist.  " 

ruoMissoBv  Notes,    ^qq  Bills  of  Exchange. 


,1 
f  l» 


410 


UTAH  TERRITORY. 


UTAH   TERRITORY. 


SALT  LAKE  CITY -Salt  Lake  County. 
Geo,  M.  Whitney. 

Attorney  for  and  recommended  by 

A.  W.  WHITE  &  CO.,  Bankers,  Salt  Lake  Cit,/. 


VERMONT. 


411 


VERMONT. 


ENACTMENTS  AFFECTING  COMMEIiCE. 


Acknowledgments.    See  Deeds. 

AUUK8T  IN  Civil  Aotions.-No  citizen  of  the  Unito.l  States 
can  be  arrested  by  virtue  of  any  mesne  process  fovnded  on  a  con- 
tract, unless  the  creditor  files  an  affidavit  vrith  tue  person  anthor- 
ize.l  to  issue  the  writ,  showing  that  ho  ha:  goou  leason  to  I  .^.]>ve, 
HiKl  does  believe  that  the  defendant  is  about  lo  »:bscond  f,v  remove 
tn^m  the  State,  and  has  secreted  about  his  person  or  elsrwhero 
money  or  other  property  to  au  amount  exceeding  $20,  or  suf- 
licient  to  satisfy  the  demand  of  such  creditor  against  hini,  or  that 
the  debtor  neglects  or  refuses  to  pay  over  money  which  he  holds 
«ur  the  plamtitf  in  a  fiduciary  capacity,  although  demand  has  been 
made  upon  him  therefor. 

1m  all  actions  of  tort,  an  attachment  will  issue  against  the  body 
ot  tlie  defendant  as  a  mesne  or  original  process,  where  the  debtor 
lias  not  sufficient  goods  and  chattels  to  answer  the  amount  stated 
111  the  writ. 

A'lTAciiMENT.— An  attachment  issue  as  an  original  writ,  and, 
practically,  all  actions  at  law  are  commenced  by  attachment' 
llie  property  attached  will  be  hold  as  security  for  the  satisfac- 
tion of  the  judgment  when  obtained,  unless  the  defendant  shall 
give  bonds  for  the  amount  stated  in  the  writ  and  retain  the  pro- 
perty. 

Perishable  property  may  be  sold  and  the  proceeds'  held  by 
the  sheriff  or  constable  in  lieu  thereof.  No  affidavit  is  necessary. 
A  nominal  recognizance  for  costs  is  required,  which,  in  the  case 
of  residents,  is  generally  signed  by  the  attorney  or  his  clerk. 

For  the  general  application  of  this  peculiar  system  of  attach- 
ments, see  "New  England  Grab  Law." 


:M':'m 


412 


VERMONT. 


Bills  of  Exchange  and  Peomissory  Notes.— The  comiiMm 
law  prevails,  except  that  notes  made  payable  ou  demand  are  ci;n- 
eidered  overdue  in  sixty  days  from  date,  for  the  purpose  of  pro- 
test, to  hold  the  indorser  thereon. 

Bills  of  Sale  have  no  binding  effect  as  such,  the  title  to  per- 
sonal property  always  passing  by  delivery  as  to  third  parties. 

CiiArrEL  MoKTGAGEs  are  only  valid  for  the  purpose  of  acquir- 
ing a  lien  on  machinery  or  fixtures  in  a  printing  office  or  factory. 
They  partake  entirely  of  the  nature  of  mortages  of  realty,  as  to 
execution,  acknowledgment,  recording,  assignments  and  foreclo- 
sures. 

Deeds  and  Mortgages. — All  conveyances  of  land  or  any  inte- 
rest therein  must  be  in  writing,  signed  by  the  grantor  or  his 
authorized  agent,  sealed,  delivered  and  recorded.     The  acknow- 
ledgment may  be  taken  according  to  the  laws  of  the  State  or 
country  where  taken,  if  certified  to  by  the  clerk  of  a  court  of 
record.     Acknowledgments  may  also  be  taken  before  a  conunis- 
sioner  for  the  State  of  Vermont,  or  a  minister,  charge  d'affaires, 
consul  or  vice-consul  of  the  United  States. 
Form  of  Achiowledgments.     See  Appendix,  Forms. 
Estates  of  Deceased  Person^.— Claims  should  be  presented 
in  \vritiiig,  duly  verified,  to  the  commissioners  appointed  by  the 
Probate  Court  for  that  purpose,  within  six  months  from  the  date 
of  their  appointment.     The  commissioners  may,  if  a  proper  cause 
is  shown,  secure  an  extension  of  the  time  for  receiving  and  pay- 
ing claims,  but  not  to  exceed  two  years  in  all. 
Executions.     See  Exemptions  and  Judgments. 
Exemptions.— A  hom.estead  of  the  value  of   $500,  with  the 
rents,  issues  and  products  thereof,  is  exempt  from  levy  or  attach- 
ment on  all  claims  accruing  after  such  homestead  is  acquired. 

The  following  personal  property  is  exempt  from  execution  or 
attachment:  Such  suitable  apparel,  bedding,  tools,  ^nns  and 
household  furniture  as  may  be  necessary  for  upholding  life,  one 
sewing  machine  kept  for  use,  the  best  swine,  or  the  meat  of  one 
swine,  ten  sheep  and  one  year's  product  of  said  sheep  in  wool, 
yarn  or  cloth,  forage  suftlcient  for  the  stock  for  one  winter,  fen 
cords  of  wood,  twenty  bushels  of  potatoes,  all  growing  crops,  ten 
bushels  of  grain,  one  barrel  of  flour,  three  swarms  of  bees  with 


VERMONT.  413 

their  hives  and  produce  in  honey,  two  hundred  pounds  of  sugar, 
a  I  lettered  gravestones,  tlie  Bible  and  other  books  used  in  a  itm- 
.!y,  the  pro  essional  books  and  instruments  of  physicians,  and  the 
protessjonal  books  o  clergymen  and  attorneys-atiw,  to  Ihe  value 
ot  .^200 ,  one  yoke  of  oxen  or  steers,  as  the  debtor  may  select,  two 
horses  kept  and  used  for  team  work  and  such  as  the  debtor  may 

of  Todo  w-h''  ^-^^-'.^'-^^r''  ^'^^  "«*  to  -''ceed  in  value  the  sum 
of  ^200,  witlx  sufiicent  forage  for  their  keeping  through  the 
winter,  and  live  poultry  not  exceeding  in  value  the  sum  of  tea 

ti()ii(irs« 

Impkisonmext  for  Debt.     See  Arrest. 

Interest  AND  Usury  Laws: 

Legal  Rate,  6  per  cent. 

Usury  invalidates  the  excess  only. 

Judgments  are  not  a  lien  on  real  estate. 

LUHTATION  OF  AcTIONS  : 

Two  r'm/-*.— Actions  for  slander  and  libel 

_    Thvee    rm/>^.- Actions  for  assault  and  battery  and   false 
niipnsonment.  *^ 

Four  IW  -Actions  against  sheriffs  for  the  misconduct  or 
iieghgence  of  their  deputies. 

j!^^r.«..  Actions  of  debt  founded  on  any  lease,  contract, 
obhgation  or  liability,  not  under  seal ;  actions  of  account,  assump- 
s.t  or  on  the  case  founded  on  any  contract,  obligation  or  liability, 
expressed  or  implied ;  actions  of  trespass  on  land,  of  replevin  or 
otlior  actions  for  taking,  detaining  or  injuring  personal  property; 
and  a]   other  actions  on  the  case,  except  as  above  s],ecilied. 

J'Mjht  1  m/v>;.— Actions  on  judgments,  sealed  instruments  and 
covenants  ot  warranty  or  seisin. 

Fourteen  Fmr*.— Attested  promissory  notes. 

Fifteen  JW.v.-Actions  for  the  recovery  of  real  estate. 

An  acknowledgment  or  pi-omise  to  pay  must  be  in  writing  to 
revive  a  claim  barred  by  the  statute. 

Married  Women  enjoy  nearly  all  the  old  common-law  disabil- 
.t.cs  m  tins  State.  The  personal  property  of  the  wife  at  marriage 
passes  to  the  husband  absolutely,  and  her  choses  in  action  become 
liis  property  when  reduced  to  possession.  He  also  has  the  rents 
and  profits  of  her  real  estate.  Upon  the  sale  of  her  real  property 
tlie  proceeds  may  be  invested  for  the  separate  benefit  of  the  wife 


414 


VERMONT. 


.  I  It 


not  liable  to  attachment  on  account  of  the  debts  of  the  husband 
except  where  she  permits  him  to  use  the  same  as  his  own  pro- 
perty, in  which  case  her  rights  are  waived,  and  it  inures  to  his 
sole  benefit.  She  may  devise  her  real  estate ;  and  where  the  hus- 
band absconds  without  providing  for  her,  she  may,  by  an  order 
from  the  Supreme  Court,  be  entitled  to  the  earnings  of  herself 
and  her  minor  children.  With  this  exception,  a  married  woman 
can  be  said  to  have  no  separate  legal  existence. 

Promissory  Notes.    See  Bills  of  Exchange. 

Wills  must  be  in  writing,  signed  by  the  testator  and  attested 
by  three  or  more  witnesses,  who  must  subscribe  their  names  at 
the  end  thereof,  in  the  presence  of  the  testator  and  of  each  other. 


II 


r-f 


VERMONT. 


415 


VERMONT. 


married  woman 


BARRE  —  Washington  County. 
Wm,.  A.  Boyce. 

To  whom  it  may  concern  : 

We  hereby  certify  that  we  are  acquainted  with  W.  A.  Boyce 
and  recommend  him  as  an  attorney  who  is  prompt  and  faithful  in 
he  interest  of  hia  clients,  and  well  qualified  to  undertake  any  legal 
busmess  mtrusted  to  his  care. 

J.  C.  HOUGHTON,  Cashier  First  Mit.  Bank. 
MoNTPELiEB,  Vt.,  April  10,  1873. 

DERBY  —  Orleans  County. 
John  Young, 

FAIR  HAVEN  -  Rutland  County. 
George  M.  Fuller, 

George  M.  Fuller  is  personally  known  to  me  to  be  thoroughly 
reliable  and  trustworthy.— [Ed.  ^  ^ 

JERICHO -Chittenden  County. 
€,  S,  Palmer, 

10  whom  it  may  concern: 

We,  the  undersigned,  can  recommend  C.  S.  Palmer,  of  Jericho 

Chittenden  county,  Vermont,  as  a  person  well  qualified  to  al^end 
0  and  transact  any  legal  business  that  may  be  intrusted  to  his 
.10,  to  be  prompt  and  faithful  in  the  interest  of  his  clients,  and  we 

cheerfully  accord  this  testimonial  in  his  behalf. 

C.  M.  SPAULDING. 
A.  O.  HUMPHREY. 
L.  B.  HOWE. 
JBRicno,  Jan,  24,  1 873.  ERASTUS  FIELD. 


416 


VERMONT. 


l!..il 


LUDLOW  —  Windsor  County. 
Walker  <£•  Goddard. 

Wm.  H.  Walkkb  (formerly  Member  of  Legislature  and  State 
Senator). 

Martin  Goddard,  Esq. 

National  Black  River  Bank,  ) 

PUOCTOKSVILLE,   Oct.  25,  1872.       j 

We  certify  that  Walker  &  Goddard,  attorneys  at  law  of  Ludlow, 
Vt.,  are  men  of  good  standing  in  their  profession  and  every  way 
qualified  to  discharge  any  legal  business  intrusted  to  their  care. 
We  have  known  them  several  years,  and  consider  them  prompt, 
faithful,  responsible  and  reliable  attorneys. 

II.  W.  ALBEE,  President. 

MONTPELIBR  — Washington  County. 

T.  J.  Deavltt. 

MoNTPELiER,  Vt.,  Dec.  9,  1872. 
To  lohom  it  may  concern : 

I  have  been  acquainted  with  T.  J.  Deavitt,  Esq.,  as  a  practicing 
attorney  in  the  courts  of  this  State  for  several  years.  He  is  a 
lawyer  of  good  standing  in  his  profession,  and  well  qualified  to 
undertake  any  legal  business  intrusted  to  him.  Mr.  D.  is  prompt 
and  faithful  in  the  interest  of  his  clients,  and  this  testimonial  is 
very  cheerfully  accorded. 

TIMOTHY  P.  REDFIELD,  Judge  Sup.  Ct.  of  Vt. 

NORTHFIELD  — Washington  County. 
Carpenter  &  Blumley. 

Herman  CXrpenter  (State  Senator,  ex-Probate  Judge,  and 
District  Attorney). 

Frank  Plumley. 
lb  whom  it  may  concern : 

We  are  well  acquainted  with  the  law  firm  of  II.  Carpenter  &  F. 
Plumley,  and  know  them  to  be  well  qualified  to  undertake  any 
business  intrusted  to  them  ;  that  their  standing  as  a  firm,  financially 
and  professionally.  Is  excellent;  and  we  can  recommend  them  to  all 
who  are  in  need  of  professional  services,  of  whatever  nature,  as 
prompt  and  honorable  attorneys. 

ALVIN  BRALEY,  Pres.  Northfield  Nat.  Bank. 
T.  L.  ELY,  Cashier. 


VERMONT. 


ilature  and  State 


d  Nat,  Bank. 


PROCTORSVILLE- Windsor  County. 


417 


Pkobate    Office,    Windsor    District  ) 
i^RocTousviLLK,  Vt.,  June  23,  1873       f 
S.  F.  Kneei,and,  Esq.,  Attorney  at  Law,  Albany,  N.  Y.: 

Dear  Sir._I„  answer  to  your  letter 'of  the  20th,  asking  as  to 
the  character,  abilities  and  responsibility  of  Hon.  Clark  H  Chap- 
man, of  this  place,  I  write  to  say  that  he  is  a  lawyer  of  twenty-five 
years  practice  in  this  county,  and  was  formerly  for  several  \Z 
the  Irobate  Register  in  this  district;  that  since  then  he  hj 
received  two  elections  as  State  Senator  from  the  county,  serv  ng 
the  full  terms  with  honor  to  himself  and  satisfactory  to  his  con 

and  one    n  Windham  county.      Hence,  I  conclude  his  pecuniary 
responsibility  IS   undoubted.      He   holds  no   other  offic  ,  and   is 

Z iief  'V  ?"•''  '"'■""  ^'  ^  ^""^'-^^  ''^-y-  -^  -"-ting 
attorney.     Any  business  you   or  your  correspondents  may  intrust 

fid  liU         '%f  "m;  ^  '--  -  <loubt,  with  due  dispa'tch  and 
naelity.  Respectfully  yours, 

CHAS.  F.  BARRETT,  Register  of  the  P>-obate 
Courtfor  the  District  of  Windsor,  Vt. 


Banking-House  of  the  National  Black  River  Bank,  ) 


1  KOCTORsviLLE,  Windsor  Co.,  Vt.,  Jmie  21,  1873         , 

^'Amanr^T-  ^''^■'  '^"'"''*'^  ""'  ^''"''  ^''^-  ''*  '^''"'^  '*''''^ 
Dear  Sia-In  aiiswer  to  your  inquiry  as  to  the  character  and 
s  nding  of  Hon.  Clark  H.  Chapman,  a»  a  lawyer  and  collecting 
attorney,  I  have  to  say  that  I  have  known  him  for  twenty  years 
and  more,  and  most  cheerfully  assure  you  that,  in  my  opinion,  he  is 
portectly  reliable  and  trustworthy.  As  the  attorney  for  this  bank 
1.0  has  given  entire  satisfaction,  and  I  believe  he  has  the  confidence 
ot  all  his  business  correspondents. 

Respectfully  yours, 

GEO.  S.  HILL,  Cashier, 

RUTLAND  —  Rutland  County. 
-^.  P,  Simons. 

27 


It?.-"  ■ 


41S 


VERMONT. 


SAD  A  WGA  —  Windham  County. 
Horatio  N.  Hill. 

7b  whom  it  may  concern : 

I  hereby  state  tliat  I  have  been  personally  acquainted  with 
Horatio  N.  Hill,  Esq.,  of  Sadawga,  Vt.,  upwards  of  twelve  years 
past,  and  tliat  during  that  *'me  ho  ba°  lieen  a  lawyer  in  practice  in 
that  town,  and  has  beer  if  good  professional  standing  and 

responsibility. 

H.  H.  VVHEiiiijER,  Judge  of  Supreme  Courts  Vt. 

ST.  ALBANS  — Franklin  County. 
Mason  B.  Carpenter. 

St.  Albans,  Jan.  23,  1873. 
This  is  to  certify  that  M.  B.  Carpenter  is  an  attorney  of  this 
place,  in  good  standing  and  of  good  character  in  my  judgment. 
HOMER  E.  ROYCE,  Judge  of  Supreme  Court. 


SOUTH  LONDONDERRY 
Jas.  L.  3lartln. 

An  honorable,  upright  and  able  attorney 


Windham  County. 

[Ed. 


YIROINIA. 


410 


VIRGINIA. 


gme  Courts  Vt. 


ENACTMENTS  AFFECTING  COMMERCE. 


AcKNowLEDoivrENTs.     See  Deeds. 

Aliens.     See  title,  "  Mffhts  of  AUetis.'' 

ARREST.-An  order  of  arrest  is  only  granted  in  a  civil  action 
.  .ere  there  .s  probable  fear  that  the  debtor  is  about  to  leave  the 
State  The  debtor  will  be  discharged  on  giving  sufficient  bonds 
that  he  will,  at  any  time  within  four  months  after  judgment  or 
decree,  answer  to  such  interrogatories  as  may  be  filed  against 
h.m,  and  make  the  required  conveyance  or  delivery,  or  perform 
or  satisfy  such  judgment  or  decree. 

Attachments  will  issue  in  this  State  against  the  property  of 
non-residents  where  the  cause  of  action  arose  on  cyntrac!,  where 
the  debtor  is  about  removing  his  property  out  of  Ihe  State,  and 
against  tenants  who  are  about  moving  their  effects  from  the 
eased  premises  without  paying  the  rent.  The  plaintiff  must  file 
the  usual  bond  and  -affidavit. 

^^^''^l\'>\^^''^^^^<^^  AND  Pkomissory  Notes  are  governed 
entirely  by  the  common  law. 

Bills  ^^  Sale -Deeds  of  trust  are  used  in  this  State  in  the 
P^ace  of  both  bills  of  sale  and  chattel  mortgages,  whereby  either 
mtl  or  personal  property  is  conveyed  to  a  trustee,  with  a  .ower 
of  sale  in  case  of  a  breach  of  the  condition  contained  therein. 

Deeds  of  TRrsT  must  be  in  writing,  signed,  acknowledged  and 
lecorded  in  the  same  manner  as  deeds  of  real  estate. 

Chattel  Mortgages.     See  Hills  of  Sale. 

Deeds  and  Mortgages  may  be  certified  to  according  to  the 
laws  of  the  State  where  acknowledged.     The  laws  in  relation  to 


420 


VIRGINIA. 


real  estate  transfers  in  this  State  were  substantially  copied  l)y 
the  State  of  West  Virginia.     See  Went  Virginia. 

Estates  of  Deckased  Peksons.— Executors  and  administi-utors 
are  required  to  close  the  estate  within  one  year  from  the  time  of 
their  ai)poiiitinent.  Claims  should  be  presented  as  soon  after 
letters  of  administration  are  granted  as  practicable. 

Where  the  estate  is  not  sufficient  to  pay  all  claims  filed  against 
it,  the  personal  representatives,  after  paying  funeral  expetjses  ami 
costs  of  administration,  shall  apply  the  balance  to  the  payment 
of  claiins  in  the  following  order  of  preference :  Ist.  Debts  due 
the  United  States.  2d.  Taxes  and  levies  assessed  previous  to  tliu 
death  of  the  decedent.  3d.  Fiduciary  debts.  4th.  All  other 
demands,  except  6th.  Voluntary  obligations. 

Imprisonment  fob  Debt.    See  Arrest. 

Interest  and  Usury  Laws  : 

Legal  Rate.,  6  per  cent. 

Allowable  hy  written  contract,  12  per  cent. 

Usury  vitiates  every  contract  into  which  it  enters,  including 
negotiable  paper,  and,  at  law,  forfeits  both  principal  and  interest; 
bnt  it  seems  that,  in  equity,  the  principal  may  be  recovered  and 
interest  at  the  legal  rate  per  cent. 

Judgments"  are  a  lien  on  all  of  the  real  estate  of  the  judgment 
debtor;  but  in  order  to  bind  innocent  purchasers,  for  value,  they 
must  be  docketed  in  the  county  where  the  property  lies  within  a 
year  from  the  date  of  recovery,  or  ninety  days  previous  to  the 
conveyance  to  such  purchaser. 

Limitation  of  Actions  : 

Two  r^ars.— Actions  for  articles  charged  in  a  store  account. 
Five  Years.— K\\  actions  excepting  those  otherwise  limited 
herein. 

Ten  J"<?rtns.— Actions  on  indemnification  and  ofticial  bonds. 
Fifteen  Tears.— KoXxom  for  the  recovery  of  real  estate. 
Twenty  Years.— Kctxon?,  on  sealed  instruments. 
Revivor.— TSxQ  promise  or  acknowledgment  to  revive  a  debt 
barred  by  the  statute  must  be  in  writing. 

Married  Women.— All  the  common-law  disabilities  apply  to 
married  women  in  this  State ;  they  being  incapable  of  perforniing 


VIRGINIA.  421 

any  separate  legal  act,  except  to  sreat.,  a  valid  devise  of  their 
separate  real  estate. 

riiOMiasoRY  N0TK8.     ^QQ  Bills  of  Exchange. 

Wills  nuist  be  in  writing,  Bigned  by  the  testator.  Two  wit- 
nesses  are  required,  whc,  shall  sign  their  names  at  the  end  of  the 
will  in  the  pres'^uce  ol  the  testator  and  of  each  other 


\hn 


422 


VIRGINIA. 


VIRGINIA. 


f^ 


ARRINGTON  —  Nelson  County. 
Thotnpson  &  Brown. 

John  Thompson,  Jr.  (was  formerly  State  Senator  of  Virginia), 
J.  Thompson  Brown. 

Lynchburg  National  Bank,      ) 
Lynchbuuo,  Va.,  March  13,  1873.  j 

S.  F.  Kneeland,  Esq.,  Attorney,  etc.,  Albany,  JV.  Y.  : 

Dear  Sir. — In  rcjjly  to  inquiries  contained  in  your  letter  of  11th 
inst.,  I  have  tlie  pleasure  of  saying  that  Messrs.  Thompson  & 
Brown,  attorneys  at  law,  at  Arrington  Depot,  Va.,  are  fully  entitled 
to  be  classed  as  prompt,  reliable  and  responsible  attorneys,  of  high 
standing,  professionally  and  socially.  They  are  attorneys  for  this 
bank  in  the  counties  in  which  they  practice. 

Very  respectfully, 

LO.  NORVELL,  Cashier. 

CHARLOTTESVILLE  — Albemarle  Coimty. 
T.  L.  Mlehie. 

This  certifies  that  Mr.  Thomas  L.  Michie  is  a  lawyer,  practicing  in 
all  the  courts  of  Albemarle  county,  Virginia,  of  high  integrity  and 
of  professional  ability.  Business  intrusted  to  him  will  be  promptly 
and  honestly  attended  to. 

JOHN  L.  COCHRANE, 
Judge  of  Albemarle  County  Court. 


Montgomery  County. 


CHRISTIANSBURQ 

George  G.  Jimkin. 

CiiRiSTiANSBURG,  Va.,  Feb.  22,  1873. 

The    undersigned    certify    that    George    G.    Junkin,    Esq..    is 
a  practicing  lawyer,   in   good   standing,  residing   at  this  place, 


VIRGINIA.  428 

such  ^"^    *''"'*''^""y    **''**^y    ^«    J""    efficiency    and    honesty    as 

J.  N.  LYLE,  Judge  of  Mont<jomery  Co, 
SPINDLE  &  miO,,  Merchants. 
FU7ZELL  &  LOVENTY,  Merchants. 
J.  KYLE  MONTAGUE,  Merchant. 

CULPEPPER -Culpepper  County. 
Archer  &  Morton, 

Tiios.  M.  Abchek. 
Jas.  W.  Morton. 

Culpepper,  Va.,  Feb.  28,  1873. 
I  certify  that  Archer  &  Morton  are  regular  attorneys,  practicing 
in  the  courts  of  this  and  adjoining  counties  ;  that  they  are  reliable 
lawyers,  and,  in  my  opinion,  prompt  and  active  in  the  discharge  of 
tlien-  professional  duties. 

JOHN  W.  BEED,  Judge  Co.  Ct.,  Culpepper. 

We  concur  in  the  foregoing. 

H.  SHACKELFORD,  Judge  Sixth  Cir.,  Va. 
JAS.  T.  JOHNSON,  Prest.  Bk.  of  Culpepper. 

DANVILLE  — Pittsylvania  County. 
Edwin  E.  Bouldtn. 

We  certify  that  E.  E.  Bouldin  is  retained  by  the  Planters' 
National  Bank  of  Danville,  in  this  county,  and  that  we  regard  hun 
as  a  reliable  attorney. 

W.  N.  SHELTON,  Act.  Brest. 
N.  FALLEY,   Cashier. 

PARMVILLE  — Prince  Edward  County. 
Berkley  &  Berkley. 
Wm.  R.  Berkley. 
RoBT.  E.  Berkley. 
Recommended  by 

F.  W.  WATKINS, 
Judge  P.  E.  County  Court  and  President  Commercial  Bank. 
JOHN  H.  KNIGHT,  Cashier  Com.  Bk. 


\-v\i 


;l 


\ 


iU 


Vina  in  A. 


FREDERICKSBURQ  —  Spottsylvanla  County. 

MurjH'  tt  Fftxiiuffli. 

Jonv  L.  Mauyk  (Lioutunant-Govcrnor  of  Virgini.i). 
Geo.  H.  Fitzuuoh. 

Mary«'  &  Kitzlmgli,  composed  of  John  L.  Maryc  and  G.  U.  Fitz- 
luigh,  arc  well  known  to  nie  to  be  gentlemen  and  lawyeiH  of  tho 
highest  standing  and  worthy  of  the  fidient  contidence. 

R.  C.  L.  MONCUUE, 
Late  Jiuhje  of  Supreme  Court  of  Aj)j)eak,  Va. 

GLOUCESTER  — Gloucester  County. 
Perrlu  Kcinp, 


IV  1   ,ili  V 

! 


'  '         .'  I ' 


JACKSONVILLE  — Floyd  County. 
Z.  T,  Dobynn. 

Jackson viLLK,  Floyd  Co.,  Va.,  Dec.  20,  1872. 
To  whom  it  may  concern  : 

I  liave  known  Mr.  Z.  T,  Dobyns  as  an  attorney  for  somo  time, 
and  consider  him  well  qualitied  to  attend  to  any  legal  business  that 
may  bo  iutnisted  to  his  care  and  management.  Mr.  Dobyns  is 
pronipt  and  faithful  in  the  discharge  of  business  and  to  the  interest 
of  his  clients. 

JNO.  MEKKITT,  Judge  of  the  Co.  Ct.  of  Floyd 

LEXINGTON  — Rockbridge  County. 
D.  E.  <t  J.  II.  Hoove. 

D.  E.  Moore  (Commonwealth's  Attorney). 
JouN  H.  MOOBE. 

Lexington,  Va.,  Dec.  26, 1872. 
To  <  "  irhom  it  may  concern  : 

It  gives  me  pleasure  to  testify  that  the  law  firm  of  D,  E.  &  J. 
H.  Moore,  of  this  place,  is  composed  of  members  who  are  perfectly 
reliable  and  responsible,  and  who  will  faithfully  and  promptly 
attend  to  any  business  intrusted  to  them. 

J.  K.  EDMONDSON, 

Jiidye  of  llockbrldge  Co.  Court,  Lexington,  Va. 


ruiFiUi'iM,  ' 


VinaiXlA.  425 

LYNCHBURa- Campbell  County. 
Win,  C.  Iveu. 

ThiH  is  to  certify  that  I  urn  well  acq.minte.l  with  William  C 
ivey,  Jts.,.,  a  j.ruetieing  attorney  in  the  e..„rtH  of  this  oity,  and 
take  groat  ,,lea„„,.e  i„  .„uing  that,  professionally  and  morally,  ho 
18  eminently  <,,.alifie,l  f.,r  the  diseharge  of  his  duties 


March  8,  1873 


J.  (iASLAND, 

J^nhjc  of  the  Vorpomtion  Cmrt,of  Lynchburg. 


NEWPORT  -  Giles  County. 
Jamett  A.  Evhols. 

GJiLEs  County,  Va.,  Jan.  22,  1873. 
To  all  to  whom  thexe  prescjits  shall  come  : 

Know  ye  that  I,  the  undersigned,  Ju.lge  of  the  County  Court  of 
Giles  county,  Va.,  do  hereby  respectfully  represent,  that  James  A 
Jjcho Is  ,s  a  pers,m  of  honesty,  probity  and  good  demeanor,  and 
that  his  proiesMonal  standing  as  a  lawyer  is  good;  that  he  is  a 
young  lawyer  just  come  to  the  bar,  and  I  have  never  heard  aught 
against  iiim,  personally  or  professionally. 

P.  W.  STKOTIIER. 

NORFOLK  —  Norfolk  County. 
Warren  G.  Elliott. 

Mr.  W.  G.  Elliott  is  a  prompt  and  reliable  lawyer. 

W.  II.  BURROUGHS,  Judge  of  the  Court  of  the 
j,^„^  3^  lg^3_  ^'^^Poration  of  the  city  of  Norfolk. 


ORANGE  C.  H.- Orange  County. 
Jas.  L,  Powell  (formerly  State  Attorney). 

PETERSBURG -Dinwiddle  ctunty. 
W.  L.  Watkins. 

I,  Siimuel  S.  VVeisiger,  Judge  of  the  Circuit  Court  of  the  city  of 
Petersburg,  do  certify  that  W.  L.  Watkins  is  a  practitioner  of 


YIROmiA. 


unexceptionable  character  and  standing  in  his  profession.     As  a  citi- 
zen, he  is  a  Christian  gentleman. 

Given  under  my  hand  this  20th  day  of  January,  1873,  at  the  city 
of  Peteinburg,  Va. 

SAMUEL  S.  WEISSIGEK. 

PORTSMOUTH  — Norfolk  Covmty. 

F.  O.  Cassell  (formerly  Commonwealth  Attorney). 

PoBTSMouTH,  Va.,  April  7,  1873. 
To  whom,  it  may  concern : 

This  is  to  certify  that  V.  O.  Cassell,  attorney  at  law,  of  Ports- 
mouth, Va.,  is  of  good  professional  standing  ;  is  a  practitioner  in 
the  court  of  which  I  am  judge  ;  is  worthy  of  credit  and  respect- 
ability, and  well  qualified  to  undertake  any  legal  business  intrusted 
to  him.  Mr.  Cassell  is  prompt  and  faithful  in  the  interest  of  his 
clients,  and  this  testimonial  is  very  cheerfully  accorded. 

C.  W.  HILL,  Judge. 


I  certify  that  C.  W.  Hill,  who  has  signed  the  forgoing  certificate, 
is  Judge  of  the  Court  of  Hastings  for  the  city  of  Portsmouth,  Va. 

JAMES  D.  BRADY,  CUrh  of  Court. 

ROCKY  MOUNT  —  Franklin  County. 
George  31,  Waddlll. 

SALEM  — Roanoke  County. 
James  W.  Palmer. 

Salem,  Roanoke  Co.,  Va.,  April  12,  1873. 
I  am  well  acquainted  with  James  W.  Palmer,  Esq.  ;  he  is  a 
graduate  of  Roanoke  College,  now  engaged  in  the  practice  of  Inw 
in  this  place.  Mr,  Palmer  is  well  qualified  in  his  profession  ;  he  is 
efficient,  prompt  and  in  every  way  reliable  ;  he  is  a  gentleman  of 
unimpeachable  int^rity. 

D.  F.  I5ITTLE,  President  of  RoanoJce  College. 

Refers  by  permission  to  J.  J.  Moorman,  Presiden:  of  tiie  Farmers' 
National  Bank,  Salem,  Va. 


VIRGINIA. 


«r 


To  whom  it  may  concern  : 

Mr  James  W.  Palmer  is  a  practicing  lawyer  in  my  court,  and  I 
know  him  to  be  well  qualified  and  worthy  to  be  intrusted  with  legaJ 
business.  Mr.  P.  is  prompt,  reliable  and  faithful  in  the  interest  of 
his  clients.     It  affords  me  pleasure  to  give  this  testimonial. 

F.  J.  REBBLE,  Judge  Co.  Court,  Moanoke  Co.,  Va. 

December  20,  1872. 


STAUNTON -Augusta  County. 
Efflnger  &  Craig. 

F.  Fbedebick  Efpingeb. 

ROBEET  CbAIG. 

FiBST  National  Bank  op  Staunton,  ) 
Staunton,  Va.,  Dec.  28,  1872.        \ 
We  know  Messrs.  Effinger  &  Craig,  of  Staunton,  to  be  energetic 
and  reliable  attorneys,  and,  as  such,  feel  no  hesitation  in  recommend- 

liuif  t.lu»m 


ing  them, 


M.  HARVEY  EFFINGER,  Cashier. 


)f  tlie  Farmers' 


TAZEWELL  0.  H.-TazeweU  County. 
Henry  C.  Alderson, 

^  r?  tr  ^  Tazewell  C.  II.,  Va.,  April  9,  1873. 

0.  t .  Kneeland,  Esq.  : 

I  take  pleasure  in  saying  that  H.  C.  Alderson  is  a  regular  prac- 
ticing attorney  in  my  court,  and  that  he  is  every  way  worthy  the 
couhdeuce  of  the  commercial  and  business  men  of  the  country. 

Yours  truly, 

JAMES  P.  KELLY,  Judffe. 

THOMPSON  -  Elizabeth  City  County. 
G.  31.  Peek  (Commonwealth  Attorney). 
Indorsed  by 

JNO.  CRITCHER,  M.  C  formerly  Judge  Cir.  Ct.  Va. 

Mr.  Peek  refers  also  to  George  P.  Scarborough,  at  Norfolk  Va 
formerly  Judge  Court  of  Claims,  Washington,  D.  C.  ' 


428 


VIRGINIA. 


WARRENTON— Fauquier  County. 
James  Vass  Chilton  (formerly  Commonwealth  Attorney). 
Warrenton,  Fauquier  Co.,  Va.,  Feb.  26,  1873. 
This  is  to  certify  that  James  Vass  Chilton  is  an  attorney  at  law, 
practicing  in  the  courts  of  Fauquier  county,  Virginia,  and  is  a 
gentleman  of  good  standing  in  his  profession. 

THOMAS  SMITH,  Judge  of  Co.  Court  of  Fauquier. 
JAMES  KEITH,  Judge  Eleventh  Circuit,  Va. 


WINCHESTER 
Wm.  Miller. 


Frederick  County. 


WYTHE VILLE  — Wythe  Coxmty. 
G,  J,  Holhrook, 

To  all  to  whom,  this  may  come,  greeting : 

I  hereby  certify  that  G.  J.  Holbrook,  Esq.,  of  Wytheville,  Vir- 
ginia, is  a  regular  practicing  attorney  in  my  court ;  that  he  is 
prompt  and  faithful  in  the  interest  of  his  clients,  and  this  testimo- 
nial is  very  cheerfully  accorded. 

J.  H.  FULTON,  Judge  of  Fifteenth  Circuit  of  Va. 

I  concur  in  the  above  testimonial. 

W.  II.  BOLLING,  Judge  of  Wgthe  Co.  Court,  Va. 


Hn  i '; 


■ 

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! 

^^^Bj 

^^^^^^Ir  * 

,  i--:  . 

^^^^^^^S., 

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tllii.!, 

WASHINGTON  TERRITORY 


429 


WASHINGTON  TERRITORY. 


ENACTMENTS  AFFECTING  COMMERCE. 


Circuit  of  Ya. 


Co.  Court,  Va. 


Acknowledgments.     See  Deeds. 

Arrest  in  Civil  Actions.  -An  order  of  arrest  may  be  procured 
against  the  defendant  in  a  civi'  action  in  the  following  cases- 

1st.  Where  he  has  been  guilty  of  a  fraud  in  contracting  the 
debt  or  incurring  the  obligation  for  which  the  action  is  brou-ht 
or  in  concealing  or  disposing  of  the  property,  for  the  takhig' 
detention  or  conversion  of  whicli  the  action  is  brought. 

2d.  Where  he  has  removed  or  disposed  of  his  property,  or  is 
about  to  do  so,  with  intent  to  defraud  his  creditors. 

3d.  In  an  action  to  recover  the  possession  of  personal  property 
unjustly  detained,  when  the  property,  or  any  part  thereof,  has 
been  concealed,  removed  or  disposed  of,  so  that  it  cannot  be 
ound  or  taken  by  the  sheriff,  and  with  intent  that  it  should  not 
be  so  found  or  taken,  or  with  the  intent  to  deprive  the  plaintiff 
of  the  benefit  thereof. 

4th.  In  an  action  for  the  recovery  of  damages,  on  a  cause  of 
actwn  not  arising  out  of  contract,  where  the  defenant  is  not  a 
resident  of  this  Territory,  or  is  about  to  remove  therefrom,  or 
where  the  action  is  for  an  injury  to  person  or  character,  or  for 
injuring  or  wrongfully  taking,  detaining  or  converting  property, 
ilie  process  is  similar  to  that  of  the  State  of  New  York. 
Attachments  will  issue  where  the  defendant  is  either  a  foreign 
corporation,  or  a  non-resident  of  this  Territory,  or  has  departed 
therefrom  with  intent  to  delay  or  defraud  his  creditoi-s,  or  to  avoid 
t be  service  of  process ;  or  keeps  himself  concealed  therein  with 
tbe  like  intent;  or  has  removed,  or  is  about  to  remove  any  of  his 
property  from  the  Territory  with  intent  to  delay  or  defraud  his 


mm, 


430 


WASHINGTON  TERRITORY. 


IHllll-:-  ^f 


1''    i 


lr'"„ 


creditors;  or  has  assigned,  secreted  or  disposed  of  any  of  liis  pro- 
perty, or  is  about  to  assign,  secrete  or  dispose  of  it  with  intent  to 
delay  or  defraud  his  creditors ;  or  has  been  guilty  of  fraud  in  con- 
tracting the  debt  or  incurring  the  obligation  for  which  the  action 
is  brought. 

Bill;  of  Exchange  and  Pkomissory  N'otes. — In  an  action 
founded  upon  a  promissory  note,  or  bill  of  exchange  negotiated 
in  good  faith,  and  without  notice  before  due,  which  has  been 
assigned  to  the  plaintiff,  the  defense  of  want  of  consideration  can- 
not be  set  up,  but  the  defendant  may  set  off  a  demand  against 
the  person  to  whom  he  was  originally  liable,  or  any  assignee, 
prior  to  the  plaintiff,  of  such  contract :  provided,  such  demand 
existed  at  the  time  of  the  assignment  thereof,  and  belonging  to 
the  defendant,  in  good  faith,  before  notice  of  such  assignment,  and 
was  such  a  demand  as  might  have  been  set  off  against  such  person 
to  whom  he  was  originally  liable,  on  such  assignee,  while  the  con- 
tract belonged  to  him. 

This  provision  of  the  statute,  in  effect,  destroys  the  best  ele- 
ments of  commercial  paper,  by  placing  it  al-iost  on  the  footing  of 
an  ordinary  written  contract. 

Deeds  and  Mortgages  must  be  signed  and  sealed,  witnessed 
by  two  witnesses  and  recorded  in  the  office  of  the  county  auditor, 
in  the  county  where  the  property  is  situated.  The  examination 
of  a  married  woman  must  be  taken  separate  and  apart  from  her 
husband,  the  contents  of  the  instrument  being  first  made  known 
to  her,  Avhere  she  has  an  interest  in  the  property  conveyed. 

Estates  of  Deceased  Persons.— Claims  must  be  presented 
within  a  year  from  the  granting  of  letters. 

Exemptions  : 

Homestead.— EvQvy  resident  householder,  being  the  head  of  a 
family,  is  entitled  to  an  estate  of  homestead  not  to  exceed  in  value 
the  sum  of  $500  in  gold,  which  must  consist  of  the  premises  occu- 
pied by  such  person  as  a  residence. 

Personal  Property.— llhe  following  personal  property  is  also 
exempt :  Necessary  clothing  for  every  person  and  family,  and  the 
family  libraries,  pictures  and  keepsakes.  To  each  householder, 
r.^cessary  household  goods  and  utensils  not  to  exceed  in  value 
$150  in  gold;  two  cows  and  calves,  five  swine,  two  stands  of 


WASHmOTOJ!^  TERRITORY.  m 

bees,  twenty-five  domestic  fowls,  or  in  lieu  of  such  stocic  and  poul- 
try, any  o  lier  property  to  the  value  of  $150  in  gold ;  also  provi- 
sions suffacient  for  six  months'  support  of  the  family.  To  a  tCer 
there  is  exempt,  a  span  of  hoa-ses  and  harness,  or  two  yoke  of  oxen 

n  use  on  the  farm  not  exceeding  in  value  $200  in  coin.  The 
tools  and  mstruments  of  a  mechanic  used  to  carry  on  his  trade 
and  material  not  to  exceed  in  value  $500  in  coin.  The  libr^^s 
ot  physicians,  attorneys,  clergymen  and  other  professional  men 
when  they  do  not  exceed  $500  coin  value,  one  horse  and  bi^y' 
mstruments  used  in  practice  and  medicines  of  a  physician^not 
exceeding  m  value  $200  in  gold.  ' 

Impbisonment  for  Debt,     See  Arrest. 
Inteeest  and  Usukt  : 
Legal  Rate,  10  per  cent. 
_^  Parties  may  legally  stipulate  for  the  paj^ent  of  any  rate  of 

Judgments  are  a  lien  upon  the  real  estate  of  the  debtor  in 
every  county  where  a  transcript  thereof  shall  be  filed. 

Limitation  of  Actions  : 

Three  Tears.-Actiom  on  open  accounts  and  contracts  not  in 
writing;  for  takmg  detaining  or  injuring  personal  property 
including  an  action  for  the  specific  recovery  thereof;  or  for  any 
other  injury  to  the  person  or  rights  of  another,  not  otherwise 
herein  enumerated ;  and  actions  for  relief  upon  the  grouna  of  fraud, 
1.  cause  of  action  in  such  case  not  to  be  deemed  Shave  aceinied 
until  the  discovery  thereof  by  the  aggrieved  party. 

Six  Years.-Kotiom  upon  contracts  in  writing,  or  upon  a  lia- 
bility, express  or  implied,  arising  out  of  a  written  agreement ;  for 
the^rents  and  profits  of  real  estate ;  and  upon  judgments  of  any 

Tioenty  Years. -Actions  for  the  recovery  of  real  estate 
Mabkikd  WoMEN.-All  property,  both  real  and  personal,  owned 
by  the  wife  before  marriage,  or  afterward  acquired  by  gift 
bequest,  devise  or  descent,  is  her  separate  property ;  and  all  pro- 
perty, real  or  personal,  owned  by  the  husband  before  marria  J  or 
afterward  acquired  by  him  by  gift,  bequest,  devise  or  descent,1s'his 
separate   property;   and   all   property  acquired   after   marriage 

to 


mm 

■  tilf-H 


482 


WASHINGTON  TERRITORY 


(except  such  as  may  be  acquired  by  gift,  bequest,  devise  or 
descent),  by  either  husband  or  wife,  is  common  property. 

Tlie  husband  has  tlie  management  and  control  of  the  common 
property,  with  the  absohite  right  of  disposition,  and  it  is  liable  to 
the  debts  of  either  husband  oi-  wife  contracted  during  coverture. 

Pkomissory  Notes.     See  Bills  of  Exchange. 

Wills  are  valid  if  executed  according  to  the  laws  of  the  State 
of  New  York. 


WASHINGTON  TERRITORY. 


433 


aw8  of  the  State 


WASHINGTON  TERRITORY. 


OLYMPIA  — Thurston  County. 

B.  F.  Dennison  (ex-Chief  Justice  of  Washington  Territory). 

rr      ,        .,  Seattle,  Wash.  Ter.,  Marcli  24,  1873 

To  whomit  maj/ concern :  ,1°'^. 

I  take  pleasure  in  certifying  that  the  Hon.  B.  F.  Dennison  a 
rosKk^t  of  and  practitioner  in  my  district,  and  formerly  Chi  f.Azs- 
t.ee  of  Washington  Territory,  is  an  able,  correct,  reliabfe  and  t  . 
^rthy  attorney  and  counselor  at  law,  solicito  and  coun  lor  il 
chancery    and  proctor  in  admiralty  ;   that  he  will  prorprlij^^^ 

Tl  s  1  ^'\T'"'''  ^"'i^^f  ^  J  «^t  ">y  hand  and  official  signature,  at 
[L.  s.]       the  city  of  Seattle,  W.  T,  the  day  and  year  abUe 

ORANGE  JACOBS,  Chief  Justice  Wash.  Ter. 
and  Jmlfje  Third  Jud.  DisU,  W.  T 
Mr.  D.  practices  in  King  and  Jefferson  counties  also. 

STEILACOOM- Pierce  County. 
Jacob  Hoover, 

Mr.  S.  F.  Kneeland  : 

ulT  T^  '•«^«'"™<^"^  to  yo"  Jacob  Hoover  as  a  faithful  and 
1  ustworthy  attorney,  and  one  who  has  the  confidence  of  his  clients 
nd  m  every  manner  qualified  to  fulfill  the  duties  of  an  Itto  n  y 

and  counselor  at  law.  •"»  diioiney 

H.  D.  arONTGOMERY, 
Probate  Judr/e  Pierce  County,  W.  T 
bTEiLAcooM,  February  1,  1873. 

"WHATCOM  -  Whatcom  County. 
Geot'fje  A.  Kellogg  (ex-Judge  in  the  State  of  Iowa). 


434 


Wi:ST  VIRGINIA. 


WEST  VIRGINIA, 


ENACTMENTS  AFFECTING  COMMERCE. 


: ,  t' 


Acknowledgments.     See  Deeds,  and  Appendix,  Forms. 
Aliens.     See  title,  "  Rights  of  Aliens.'''' 

Arrest  in  Civil  Actions. — The  defendant  in  a  civil  action 
may  be  arrested  where  the  plaintiff  files  an  affidavit  with  the  court 
showing  the  nature,  justice  and  amount  of  his  claim,  and  spacify- 
ing  one  of  the  following  grounds : 

Ist.  That  the  defendant  has  removed  or  is  about  to  removo  any 
of  his  property  out  of  the  State  with  intent  to  defraud  his  credit- 
ors; or, 

2d.  That  he  has  converted  or  is  about  to  convert  any  of  his 
property  into  money  or  securities  with  a  like  intent ;  or, 

3d.  That  he  has  assigned,  disposed  of  or  removed  his  property 
or  is  about  to  do  so  with  a  like  intent ;  or, 

4th.  That  he  has  property  or  rights  in  action  which  he  fraudu- 
lently conceals ;  or, 

5th.  That  he  fraudulently  contracted  the  debt  or  incurred  the 
liability  for  which  the  action  or  suit  is  brought ;  or, 

6th.  That  he  is  about  to  leave  the  State  and  reside  perma- 
nently in  another  State  or  country,  without  satisfying  the  debt 
or  liability  for  which  the  action  or  suit  is  brought. 

The  usual  bond  of  indemnity  must  also  be  filed  by  the  plaintiff 
before  the  order  will  be  granted. 

Attachments  will  issue  in  any  action  upon  an  affidavit  stating 
the  nature  of  the  demand,  and  that  the  creditor  is  justly  entitled 
to  recover  the  amount  claimed,  and  showing  the  existence  of  one 
or  more  of  the  following  grounds : 

1st.  That  the  defendant  or  one  or  more  of  the  several  defend- 
ants is  a  non-resident  or  foreign  corporation. 


I'! 


which  he  fraudu- 


le  several  defend- 


WEST  VIRGINIA.  435 

2d.  Tliat  the  defendant  lias  left  or  is  about  to  leave  the  State 
with  intent  to  defraud  his  creditors. 

3d.  That  he  so  conceals  himself  that  service  cannot  be  made 
upon  him. 

4th  That  he  is  removing  or  about  to  remove  his  property  or  a 
part  thereof  out  of  the  State  with  intent  to  defraud  his  creditors. 

5th.  That  he  is  converting  or  about  to  convert  his  property 
or  a  part  thereof  into  money  or  securities  with  intent  to  defraud 
his  creditors. 

Gth.  That  he  has  assigned  or  disposed  of  his  property  or  a  part 
thereof,  or  is  about  to  do  so  with  a  like  intent. 

7th.  That  he  has  property  or  rights  in  action  which  he  con- 
ceals. 

8th.  That  ho  fraudulently  contracted  the  debt  or  incurred  the 
liability  for  which  the  action  or  suit  is  brought. 

Attachments  may  issue  on  a  debt  before  it'becomes  due ;  where 
the  creditor  files  a  bond  or  security,  the  sheriff  may  take  the  pro- 
perty attached  into  actual  possession. 

Bills  of  Exchange  and  Promissory  Notes  are  practically 
governcd_  by  the  rules  of  the  common  law.  A  slight  statutory 
niodihcation,  however,  renders  it  preferable  to  make  notes  and 
mland  bills  of  exchange  payahle  at  some  lank  or  hankinq  insti- 
tution xoithin  the  State. 

Bills  of  Sale  are  not  generally  used  for  the  transfer  of  per- 
sonal property.  •' 

Ciiattel^  MoRTGAGE8.-Deeds  of  trust  are  generally  used  in 
the  place  ot  chattel  mortgages,  real  estate  mortgages  and  bills  of 

BHlC* 

Deeds  and  Mortgages  may  be  acknowledged  before  any  ins- 
tice  notary  public,  recorder,  prothonotary  or  clerk  of  any  court 
within  the  United  States,  or  before  the  proper  officer  of  a  court 
m  any  foreign  country,  or  t?ie  mayor  or  other  chief  magistrate  of 
an.y  city,  town  or  corporation  therein,  or  by  any  minister,  charge 
(Uffim-es,  consul,  vice-consul,  consul-general  or  commercial  agent 
ot  the  United  States.  * 

^cW  jf.-Contracts  in  writing  respecting  the  sale  of  real 
estate,  deeds,  deeds  of  trust  and  mortgages,  may  be  recorded  at  any 
tnne;  but  shall  be  void  as  to  creditors  and  subsecpient  purchasers 


436 


WJi:ST  VIRGIXIA. 


for  Vftluivble  coiiRideratioii  without  notice  until  and  except  from 
the  time  they  are  duly  iidmitted  to  record  in  the  county  wherein 
the  property  end)rrtced  in  such  contract  or  deed  may  bo. 

The  ackiiowledfjjment  of  a  married  woman  munt  he  taken  sepa- 
rate and  apart  from  her  huHband,  and  the  certificate  executed 
according  to  the  form  inserted  in  the  Appeiulix  of  this  work. 

EsTATKs  OF  Dkceaskd  Pkrsons. — Claims  tmist  bo  prcfcnted 
to  the  executors  or  administrators  within  twelve  montlis  from 
their  apiKiintmcnt.  Where  the  estate  is  insolvent,  the  proceeds, 
after  payin<jj  funeral  expenses  and  costs  of  administration,  are 
applied  to  the  payment  of  claims  accordiiii,'  to  the  following 
order  of  preference:  1st.  Debts  due  the  United  States.  •2(1. 
Taxes  assessed  previous  to  the  death  of  the  decedent.  3d.  Trust 
funds  or  debts  for  money  received  in  a  fiduciary  capacity.  4th. 
All  other  Qhrnns,  pro  rata,  except,  5th.  Voluntary  obligations. 

Executions.     See  Exemptions  and  Judgments. 

Exemptions. — Ae  to  claims  existing  before  the  adoption  of 
the  new  Constitution  (August  4th,  1872),  $200  worth  of 
personal  property,  to  be  selected  by  the  debtor,  is  exempt 
from  levy  or  attachment.  The  new  Constitution  provides  that 
any  husband  or  parent  residing  in  the  State,  or  the  infant  chil- 
dren of  deceased  parents,  may  hold  a  homestead  of  the  \  alue  of 
$1,000,  and  personal  property  to  the  value  of  $200,  exeni])t  from 
forced  sales,  subject  to  such  regulations  as  shall  be  prescribed  by 
law;  provided  that  such  homestead  exemption  shall  in  no  wise 
affect  debts  or  liabilities  existing  at  the  time  of  the  adoption  of 
this  Constitution;  and  provided  further,  that  no  property  sludl 
be  exempt  from  sale  for  taxes  due  thereon  or  for  the  payment  of 
the  purchase-money  due  upon  said  property  or  for  debts  con- 
tracted for  the  erection  of  improvements  thereon. 

Imprisonment  for  Debt.     See  Arrest. 

Interest  and  Usury  : 
Legal  Rate,  6  per  cent. 
Usury  invalidates  the  excess. 

Judgments. — The  statutory  provisions  in  this  State  as  to  the 
lien  of  judgments,  etc.,  are  similar  to  those  of  Virginia.    See 
Virgina. 


\V£ST  VIIiOINIA. 


437 


Limitation  of  Actions  : 

Three  I'm/-*.— Actions  founded  on  book  accounts. 

Five  r.:w*.— Actions  on  written  w.ntracts  or  awards  not  under 
Boal  executed  prior  to  April  let,  1869;  on  oral  contracts  except 
book  acccounts ;  on  accounts  between  merchants  in  their  trade 
or  business  or  in  the  accounts  with  their  factors  or  employees ;  and 
all  other  i)ersonal  actions  not  otherwise  limited. 

Ten  Years.— Uxxows,  for  the  recovery  of  lands  or  on  sealed 
nisti-uments  executed  subsequent  to  April  Ist,  1869. 

Twenty  Im^'s.— Actions  on  sealed  instrmuents  or  for  the 
recovery  of  land  where  the  cause  of  action  arose  prior  to  April 
1,  1809, 

Every  ection  upon  a  jud^nnent  rendered  in  any  other  State  or 
country  shall  be  barred,  if  by  the  laws  of  such  State  or  country 
mich  action  would  the'-o  be  barred,  or  the  judgment  or  decree  be 
mcapable  of  being  otherwise  enforced  there.  And  whether  so 
barred  or  not,  no  action  against  a  pei-son  who  shall  have  resided 
1.1  this  State  during  the  ten  years  next  preceding  such  action, 
Kliall  be  brought  upon  any  such  judgment  or  decree  rendered 
more  than  ten  years  before  the  eommencenient  of  such  action  • 
and  upon  a  contract  which  was  made  and  was  to  be  peifurmed  in 
another  country,  by  a  person  who  then  resided  therein,  no  action 
shall  be  maintained  after  the  right  of  action  thereon  is  barred  by 
the  laws  of  such  State  or  country. 

Mabried  Women.  — The  rights  and  liabilities  of  married 
women  in  this  State  are  practically  the  same  as  in  the  State  of 
JNew  1  ork.    See  New  Yofk. 

Peomissoky  Notes.     See  Bills  of  Exchange. 
Wills.— The  statutory  provisions  are  the  same  as  in  the  State 
oi  Virginia.     %gq  Virginia. 


438 


]VA'^2   VIliGISJA. 


WEST   VIRGINIA. 


FAIR  VIEW— Hancock  County. 
Jann's  G,  Marslmll, 

HUNTINGTON  —CabeU  County. 
ParMOUH  tC  Tiirker, 

IIknuy  C.  Pausons. 
John  Randolimi  Tucker. 

LEWISBURG—  Greenbrier  County. 
John  W.  JUart'in. 

Lkwisiiurg,  W.  Va.,  yljt>ri7  14,  1873. 
To  whom  it  may  concern : 

I  take  i>lea8ure  in  saying  that  John  W.  Harris,  Esq.,  is  a  gentle- 
man to  wliom  any  legal  business  may  be  safely  intrusted.  Ho 
prac'tices  in  the  highest  courts  of  the  State  as  well  as  the  inferior 
tribunals  of  his  immediate  seetion,  and  h  prosecuting  attorney  for 
this  county. 

M.  ARBUCKLE, 
Pres.  County  Court  of  Creenbrler  County,  W.  Va. 

MOUNDS VILLE  —  MarshaU  County. 
John  A.  J^wint/. 

POINT  PLEASANT  —  Mason  County. 
Wm.  H.  Toinlinson  (Prosecuting  Attorney). 


rii 


W£ST  VIRGINIA. 


43!) 


ST.  MARY'S  — Pleasants  Coimty. 

W.  W.  Tfnil  (I'roHeculing  Attorney). 

I  hereby  recomm.iid  W.  W.  Hall  as  nn  attorney  well  qualified 
to  undertake  any  businuss  intrusted  to  liini. 

J.  U.  HECKiMAN, 

Premlent  County  Court^  Pleasants  Count)/. 
January  4,  1873. 

WHEELING  — Ohio  County. 
George  E»  Boyd. 

WiiEELixVo,  W.  Va.,  N'ov.  21,  1872. 
Wo  have  had  occasion  frequently  to  employ  George  E.  Boyd  as 
an  attorney,  and  have  ahvayn  found  him  i)r<)in|)t  and  faithful.     Wo 
cheerfully  recommend  him  to  those  wishing  the  services  of  a  lawyer 
in  this  city. 

.T.  K.  BOTSFOUD, 
President  of  the  First  National  Bank  of  W/ieelinf/. 

SAMUEL  J.  BOYD, 
Director  in  the  People's  Jiank  of  Wheeling, 


•  1 


440 


WISCONSIN: 


WISCONSIN. 


ENACTMENTS  AFFECTING  COMMERCE. 


Acknowledgments.     See  Deeds. 


Aliens. 


See  title  "  Rights  of  Aliens.'"' 

Arkest  and  Imprisonment  for  Debt. — The  defendant  may 
be  arrested  in  an  action  for  damages  not  on  contract  wlien  the 
debtor  is  a  non-resident,  or  about  to  remove  from  the  State,  or 
for  injury  to  person,  property  or  character;  for  a  fine  or  penalty 
for  money  or  property  embezzled  or  fraudulently  misapplied  by 
a  public  officer,  attorney,  solicitor  or  counselor,  or  an  officer  or 
agent  of  a  corporation  or  bank,  or  by  any  factor,  agei>-t,  broker, 
or  any  person  in  a  fiduciary  capacity ;  for  damages  for  property 
obtained  on  false  pretenses ;  in  replevin,  where  the  property  has 
been  concealed  or  disposed  of  go  that  the  eherifif  cannot  find  it ; 
and,  also,  where  the  debtor  has  been  guilty  of  a  fraud  in  con- 
tracting the  debt  or  incurring  the  obligation  sued  on,  or  in  con- 
cealing or  disposing  of  the  property  for  the  taking,  detention  or 
conversion  of  which  the  action  is  brought. 

But  no  female  shall  be  arrested  in  any  action  except  for  a  will- 
ful injury  to  person,  character  or  property.  The  order  must  be 
granted  during  the  pendency  of  the  action,  and  before  judgment 
is  entered  therein.  The  plaintiff  is  required  to  file  an  affidavit 
with  the  judge,  showing  that  he  has  a  cause  of  action,  and  the 
existence  of  ono  of  the  grounds  above  set  forth ;  and,  also,  file  a 
bond,  with  surety,  in  the  sum  of  at  least  $100  for  the  indemnifi- 
cation of  the  defendant. 

Attachments. — In  proceedings  in  the  Justices'  Courts  of  this 
Strte  an  attachment  will  be  granted  where  the  plaintifi;'  files  an 
affidavit  that  the  claim  is  on  a  contract  or  judgment  of  some 


WJSaOiYSIN. 


441 


court,  stating  the  nature  and  the  amount  of  tlie  claim,  and  that 

the  affiant  knows,  or  has  good  reason  to  believe,  either, 
1st.  That  debtor  is  a  non-resident  corporation  ;  or, 
2d.  Is  not  a  resident  of  this  State,  and  has  not  resided  therein 

for  three  months  immediately  preceding;  or, 
3d.  Has  absconded  or  is  about  to  abscond  from  the  State;  or, 
4tli.  Has  removed  or  is  about  to  remove  some  of  his  property 

out  of  the.  State  with  intent  to  defraud  his  creditors ;  or, 
5th.  Resides  in  some  other  county,  and  more  than  100  miles 

from  residence  of  justice  ;  oi-, 
Gth.  Contracted  tlie  debt  under  fraudulent  representations;  or, 
7th.  So  conceals  himself  that  process  or  summons  cannot  be 

served  on  him ;  or, 

8th.  Has  fraudulently  conveyed  or  dispo    d  of,  or  is  about  to 
fraudulently  convey  or  dispose  of,  some  of  his  property  or  effects 
so  as  to  hinder  or  delay  his  creditors.  ' 

In  Circuit  Courts,  before  any  attachment  shall  be  executed,  the 
creditor  or  some  person  in  his  behalf  shall  make  and  annex 
thereto  an  affidavit,  stating  that  the  debtor  named  in  such  attach- 
ment is  indebted  to  the  creditor,  and  specifying  the  amount  of 
such  indebtedness,  as  near  as  may  be,  over  and  above  all  legal 
set-offs ;  that  it  exceeds  $50  after  deducting  legitimate  set-olfs 
and  payments ;  and  that  the  same  is  due  upon  contract,  express 
or  implied,  or  upon  judgment  or  decree  ;  and  containing  a  further 
statement  that  the  deponent  knows,  or  has  good  reason  to  believe 
either,  ' 

1st.  That  debtor  has  absconded  or  is  about  to  abscond  from 
this  State,  oris  concealed  therein,  to  the  injury  of  his  creditors ;  or, 

2d.  Has  assigned,  or  disposed  of  or  concealed,  or  is  about  to 
assign,  dispose  of  or  conceal,  some  of  his  property,  with  intent  to 
defraud  his  creditors  ;  or, 

3(1.  Has  removed  or  is  about  to  remove  some  of  his  property 
out  of  this  State  with  intent  to  defraud  his  creditors ;  or, 

4th.  Fraudulently  contr.^cted  the  debt,  or  incurred  the  obliga- 
tion, respecting  which  the  action  is  brought ;  or, 

5th.  Is  not  a  resident  of  tin:'  State ;  or, 

Gth.  Is  a  foreign  corporation  ;  or, 

7th.  Has  fraudulently  conveyed  or  disposed  of  his  property,  or 
a  part  of  it,  with  intent  to  defraud  his  creditors. 


>   uiifa 


...»    ,| 


■  1 

ij 


442 


WISCONSIN. 


An  undertaking  must  be  givon  in  at  least  the  sum  of  $250 
and  conditioned  for  the  payment  (A'  all  costs  and  damages  the 
defendant  may  recover  or  sustain  if  judgment  be  in  his  favor. 
Where  sufficient  property  of  the  defendant  cannot  be  found  by 
the  sheriff,  an  order  will  be  granted  to  garnishee  debts  due  him. 

The  defendant  may  obtain  a  release  of  the  attached  property, 
or  retain  possession  of  it,  by  depositing  the  amount  of  the  claim 
with  the  court,  or  on  filing  bonds  with  surety  for  double  that 
amount. 

Bills  of  Exchange  and  Promissory  Notes  are  governed  by 
the  common  law  or  law  merchant. 

Bills  of  Sale  aiid  Deeds  of  Trust. — The  statute  provides 
that  all  deeds  of  gift,  conveyances,  transfers  or  assignments,  ver- 
bal or  written,  of  goods,  chattels  or  things  in  action,  made  in 
trust  for  the  use  of  the  person  making  the  same,  unless  accom- 
panied by  an  immediate  delivery  and  actual  change  of  posses- 
sion, shall  be  presumed  to  be  fraudulent  and  void,  as  against 
creditors  and  subsequent  purchasers  in  good  faith. 

Chattel  Mortgages  are  valid  as  to  third  parties  only  where 
there  is  an  actual  and  continued  change  of  possession,  or  where 
the  mortgage  or  a  copy  thereof  is  filed  in  the  office  of  the  town 
clerk  where  the  mortgagor  resides,  or,  if  he  is  a  non-resident,  in 
the  town  where  the  property  lies  at  the  time  of  its  execution. 

Deeds  and  Mortgages. — All  conveyances  affecting  real  estate, 
made  and  executed  in  any  other  State,  Territory  or  District  of 
the  United  States,  must  be  executed  according  to  the  laws  of 
such  State,  Territory  or  District,  and  acknowledged  before  any 
judge  of  a  court  of  record,  notary  public,  justice  of  the  peace, 
master  in  chancery,  or  other  officer  authorized  by  the  laws  of 
such  State,  Territory  or  District  to  take  the  acknowledgment  of 
such  deeds  therein,  or  before  any  commissioner  appointed  by  tlie 
Governor  of  this  State  f'jr  such  purposes.  Unless  the  acknowl- 
edgment be  taken  before  a  commissioner,  appointed  by  tlie 
Governor  of  this  State  for  that  purpose,  or  by  a  notary  public 
with  Ilia  seal  attached,  such  deed  shall  have  attached  thereto  a 
certificate  of  the  clerk  or  other  proper  certifying  officer  of  a  court 
of  record  of  the  county  or  district  within  which  such  acknowledg- 
ment was  taken,  under  the  seal  of  his  office,  that  the  person 


re  governed  by 


WISCONSm.  443 

whose  name  is  subscribed  to  the  certificate  of  acknowledgment 
was,  at  the  date  thereof,  such  officer  as  he  is  represented  to  be- 
that  he  believes  the  signature  of  such  person  subscribed  thereto 
to  be  genuine,  and  that  the  deed  is  executed  and  acknowledc^ed 
according  to  the  laws  of  such  State,  Territory  or  District.  "" 
_  Deeds  executed  in  any  foreign  country  may  be  executed  accord- 
ing to  the  laws  of  such  country;  and  the  execution  thereof  may 
be  acknowledged  before  any  notary  public,  or  other  officer  author- 
ized by  the  laws  of  such  foreign  country  to  take  the  acknow- 
ledgments of  deeds  therein,  or  before  any  minister,  charge 
d  altaires,  commissioner  or  consul  of  the  United  States  appointed 
therein. 

Form  of  Acknowledgments.     See  Appendix,  Forms. 

Estates  op  Deceased  PEKsoNs.-The  court,  upon  application 
ot  any  mterested  person,  will  appoint  commissioners  to  receive 
examme  and  adju_;  claims  against  the  estate  of  the  decedent,  who 
are  required  to  give  notice,  within  sixty  days  after  appointment 
oi  tune  and  place  of  meeting,  and  the  time  limited  for  proving 
clanns.     The  time  allowed  shall  not  exceed  eigliteen  months  nor 
be  less  than  six  months,  to  prove  claims.     Under  special  circum- 
stances It  may  be  extended,  so  that  the  whole  time  shall  not 
excep.  two  years  from  time  of  appointment  of  commissioners. 
On  application  of  a  creditor  who  has  failed  to  present  his  claim 
it  made  within  six  months  from  the  time  previously  limited,  the 
court  may,  on  good  cause  shown,  allow  further  time,  not  exceed- 
ing three  months.     Claims  not  presented  to  the  commissioners 
within  the  time  limited  as  aforesaid  shall  be  forever  barred     The 
time  for  payment  of  debts  ordinarily  is  one  year  to   eighteen 
months,  and  may  be  extended  by  the  court,  not  exceecfing  six 
months  at  a  time,  for  six  years.    Debts  must  be  paid  in  the  fol- 
lowing order:   1st.  Necessary  funeral  expenses.    2d.  Expenses 
of  last  sickness.    3d.  Debts  having  a  preference  by  laws  of  the 
Inited  States.     4th,  Debts  due  to  other  creditors.     No  creditor 
of  any  one  class  shall  receive  payment  until  all  of  those  of  pre- 
ceding class  shall  be  fully  paid. 

Executions.    See  Judgynents  and  Fxemptions. 

Exemptions  : 

Homestead.— k  homestead,  not  exceeding  forty  acres  of  land, 


It 

hi 


4U 


WISCONSIN. 


P 


used  for  agricultural  purposes,  and  the  dwelling-house  thereon, 
and  its  appurtenances,  to  be  selected  by  the  owner  thereof,  and 
not  included  in  any  town  plat,  city  or  village;  or,  instead  thereof 
at  the  option  of  the  owner,  a  quantity  of  land,  not  exceedinf  in 
amount  one-fourth  of  an  acre,  being  within  any  recorded  town 
plat,  city  or  village,  and  the  dwelling-house  thereon  and  its 
appurtenances,  owned  and  occupied  by  any  resident  of  the  State 
shall  not  be  subject  to  forced  sale  on  execution. 

Personal  Property. — There  is  also  exempt  the  following  per- 
sonal property:  1.  The  fiimily  Bible.  2.  Family  pictures  or 
school-books.  3.  The  library  of  the  debtor  and  every  part 
thereof.  4.  All  wearing  apparel  of  the  debtor  and  his  family ; 
all  beds,  bedsteads  and  bedding  kept  and  used  for  the  debtor  aiid 
his  family  ;  all  stoves  and  appendages  put  iip  or  kept  for  the  use 
of  the  debtor  and  his  family  ;  all  cooking  utensils,  and  all  other 
household  furniture  not  herein  enumerated,  not  exceeding  $200 
in  value.  6.  Two  cows,  ten  swine ;  one  yoke  of  oxen  and  one 
horse,  or,  in  lieu  thereof,  a  span  of  horses ;  ten  sheep  and  tlie 
wool  from  the  same,  either  in  the  raw  material  or  manufactured 
into  yarn  or  cloth ;  the  necessary  food  for  all  exempt  stock  for 
one  year's  support,  either  provided  or  growing  or  both,  as  the 
debtor  may  choose  ;  also  one  wagon,  cart  or  dray,  one  sleigh,  one 
plow,  one  drag  and  other  farming  utensils,  including  tackle  for 
teams,  not  exceeding  $50  in  value.  6.  The  provisions  for  the 
debtor  and  his  family  necessary  for  one  year's  support,  either 
provided  or  growing  or  both,  and  fuel  necessary  for  one  year. 

7.  The  tools  and  implements,  or  stock  in  trade,  of  any  mechauie, 
miner  or  other  person,  used  and  kept  for  the  purpose  of  carrying 
on  his  trade  or  business,  not  exceeding  §200  in  value ;  the  imple- 
ments of  any  professional  man,  not  exceeding  $200  in  value. 

8.  'nvord,  plate,  books,  or  other  article,  presented  to  any  person 
by  congress  or  the  legislature  of  any  of  the  United  States.  9. 
All  inventions  from  debts  against  the  inventor.  10.  Sixty  days' 
earnings  of  married  persons,  or  persons  who  have  to  provide  for 
the  entire  support  of  a  family  in  the  State.  11.  Fire-engines 
and  all  their  fixtures.  12.  All  moneys  arising  from  insurance  of 
any  exempt  property,  which  has  been  destroyed  by  fire,  including 
policies  on  the  homestead.  13.  All  moneys  arising  fi-oiii  an 
insurance  on  the  life  of  any  person,  made  for  the  benefit  of  a 


WISCONSIN. 


445 


married  woman,  are  exempt  from  the  debts  of  the  insured,  and 
shall  bo  i>aid  to  such  married  Avoman  or  her  heirs.  14.  Printino- 
materials  and  press  or  presses,  to  an  amount  not  exceeding  $1,50(X 
15.  The  earnings  of  the  debtor  for  sixty  days  next  preceding  the 
issuing  of  summons. 

Garnishment.    See  AttacJiments. 

Impkisonaiknt  for  Debt.     See  Arrest. 

Interest  and  Usury  : 

Legal,  Hate,  7  per  cent. 

AlloioaUe  by  written  stipulation,  10  per  cent. 

Usury  forfeits  the  entire  interest. 

Judgments  are  a  Hen  on  the  real  estate  of  th(>  judgment  debtor 
in  tne  county  where  recovered  or  a  transcript  thereof  is  filed 
The  hen  commences  from  the  date  of  docket  or  filing,  and  con- 
tmues  for  ten  years,  and  covers  also  real  estate  acquired  durincr 
said  period.  *' 

A  judgment  of  a  justice  of  the  peace  operates  as  a  lien  upon 
real  estate  in  the  counties  where  a  transcript  thereof  is  docketed. 
An  execution  will  issue  on  a  judgment  at  any  time  within  five 
years  from  the  date  of  recovery  ;  and  after  said  five  years  an  alias 
execution  may  issue,  the  same  as  in  the  Statp  of  New  York. 
Personal  property  must  be  exhausted  before  .evyinff  on  real 
estate.  ^ 

Limitation  of  Actions  : 

One  Year.—An  action  against  a  sheriff  for  an  escape. 

Two  J'6'«A-f.— Actions  for  libel,  slander,  assault,  battery  and 
false  Muprisonraent ;  and  upon  statutory  penalties  or  forfeitures 
to  the  people  of  the  State. 

_  Three ^  Years.—Actiom  against  a  sheriff,  coroner  or  constable 
lor  nonfeasance,  misfeasance  or  malfeasance  in  his  ofticial  duties, 
except  for  an  escape ;  and  upon  a  statute  for  a  forfeiture  or  pen- 
alty where  the  action  is  given  to  the  party  aggrieved,  or  to  such 
party  and  the  people  of  the  State. 

Six  Years.—Vixm  a  contract,  obligation  or  liability,  expressed 
or  unplied,  except  those  mentioned  hereafter;  upon  a  liability 
created  by  statute  other  than  a  ])enalty  or  forfeiture  ;  for  trespass 
upon  real  property;  for  taking,  detaining  or  injuring  personal 


w  ■'  li 


446 


WISCONSIN: 


U!f 


Wh 


hi 


H^M. 


property,  or  for  specific  recovery  thereof;  for  criminal  conversa- 
tion, and  for  other  injuries  to  the  person  or  character  of  another 
not  arising  on  contract  and  not  enumerated  above ;  for  relief,  on 
the  ground  of  fraud,  in  cases  heretofore  solely  cognizable  in  the 
Court  of  Chancery. 

Ten  Years. — Actions  for  relief,  except  as  above  limited,  and 
upon  sealed  instruments  executed  in  another  State. 

Twenty  Years. — Actions  on  judgments ;  on  sealed  instruments 
executed  in  this  State,  and  for  the  recovery  or  possession  of  real 
estate. 

The  limitation  begins  to  run  only  when  the  cause  of  action 
has  actually  accrued ;  and  on  mutual  open  accounts  from  date 
of  last  item.  Infancy,  insanity,  imprisonment,  and  coverture  of 
the  wife,  will  extend  the  period  of  limitation  during  the  con- 
tinuance of  the  disability,  provided  that  (except  in  the  case  of 
ixvtancy)  it  cannot  be  extended  over  five  years. 

The  statute  does  not  run  during  the  time  that  the  defendant 
is  absent  from  the  State,  except  where  both  plaintiff  and  defend- 
ant were  non-residents  at  the  time  the  cause  of  action  accrued. 

Revivor. — A  part  payment,  or  written  promise  to  pay. 

Makeied  Women. — The  real  and  personal  property  of  the  wife 
at  the  time  of  marriage,  and  the  rents,  issues  and  profits  thereof, 
and  any  which  she  may  receive  by  inheritance,  gift,  grant,  devise 
or  bequest,  from  any  person  other  than  her  husband,  she  may 
hold  to  her  sole  and  separate  use,  not  subject  to  the  disposal  of 
her  husband,  nor  liable  for  his  debts.  She  may  convey  and 
devise  real  and  personal  property  precisely  as  if  unmarried.  Her 
husband  need  not  join  in  her  deed  of  her  separate  property,  and 
will,  notwithstanding,  be  barred  of  any  right  of  tenancy  by  the 
curtesy. 

If  her  husband,  from  any  cause,  shall  neglect  or  refuse  to  pro- 
vide for  her  support,  or  the  support  and  education  of  her  chil- 
dren, or  deserts  her,  she  may,  in  her  own  name,  transact  business, 
and  receive  and  collect  her  own  earnings  and  those  of  her  own 
minor  children,  and  apply  the  same  for  her  own  support,  and  the 
support  and  education  of  her  minor  children,  free  from  the  con- 
trol and  interference  of  her  husband  or  any  person  claiming  the 
same. 

Any  policy  of  insurance  on  the  life  of  any  person,  expressed  to 


e ;  for  relief,  on 


WISCONSIN.  447 

be  for  the  benefit  of  a  married  woman,  effected  bv  any  person, 
shall  mure  to  her  own  benefit  and  that  of  her  children. 

Promissory  Notes.    See  Bills  of  Exchange. 

Wills  are  required  to  be  in  writing,  signed  by  the  testator,  or 
by  some  other  person  in  his  presence,  and  by  his  express  direc- 
tion,  and  attested  by  two  or  more  witnesses,  who  must  attach 
tlieir  names  thereto  in  the  presence  of  the  testator. 


us 


wiscoNsm. 


WISCONSIN. 


APPLETON  —  Ontagama  County. 
Warner  &  Ryan, 

Wm.  S.  Wakner. 

Hekry  D.  Ryan  (ex-City  Attorney). 
Among  the  reasons  assigned  by  this  firm  for  not  forwarding  tes- 
timonials ai-e  the  following:  "1st.  We  are  not  anxious  to  add  to 
our  extensive  business.  2d.  We  are  now  engaged  in  court  and 
have  not  the  time.  3d.  Our  Mr.  Warner  is  one  of  the  directors  of 
the  First  National  Rxnk  of  Appleton,  and  is  worth  in  jiersonal  and 
real  property,  unencumbered,  from  $50,000  to  $75,000,  and  owes 
nothing.  4th.  He  has  the  credit,  whether  deserved  or  not,  of  being 
the  best  collector  in  the  North-west,  and  will  take  no  pains  to  add 
to  that  except  by  prompt  attention  to  business  intrusted  to  him." 
We  think  they  will  pass. 


AUGUSTA 
Heman  li.  Day. 


Eau  Claire  County. 


BARABOO  —  Sauk  County. 
Charles  F.  Freeman. 

Office  op  Attorney-Gexeual,  ) 
Madison,  Jan.  16,  1873.        j 
To  tchom  it  may  concern : 

I  am  personally  well  acquainted  with  Mr.  Charles  F.  Freeman, 
an  attorney  of  this  State.  I  have  known  him  for  many  years,  and 
know  that  he  is  honest  and  capable  ;  well  qualified  to  attend  to  any 
business  intrusted  to  him.  Mr.  Freeman  is  prompt  and  faithful  in 
the  interests  of  his  clients.  I  cheerfully  accord  this  testimonial. 
S.  S,  BARLOW,  Attorney- General  Wisconsin, 


1111.'. 


TITTTi  ^i 

1,1  ;' 


I  I, 


wiscoNsm. 


449 


y-Gexeual, 


EAU  CLAIRE -Eau  Claire  County 
Meggett  &  Teall. 

Alexander  Meggett. 

Geo.  C.  Teall  (County  Judge). 

Uaire   W,8;  Clarke  &  Ingram,  bankers;  and  all  the  business  or 
professional  men  of  Eau  Claire.  business  or 

DODGEVILLE-Iowa  County. 
Melancthon  J.  BHffgs. 

FOND  DU  LAC  -  Pond  du  Lao  County. 
Jas.  W.  Bass.  ^ 

1h  tohom  it  may  concern:  ^*'''''  ''''  ^^^'  "^^^^  ^2.  1«73. 

I  am  acquainted  with  J.  W.  Bass,  an  attorney  residing  at  this 
place  and  recommend  him  as  one  well  qualified  to  undertake  a  v 
legal  busmess  entrusted  to  him,  and  as  one  who  is  always  prompt 
and  faithful  in  the  interest  of  his  clients.  ^   ^       ^ 

CA3IPBELL  McLean, 

Judge  Fourth  Judicial  Circuit,  for  Wisconsin. 

FRIENDSHIP- Adams  County. 

^""IrJ^'  ff^'K^^   (ox-County  Judge,   District  Attorney   and 
Member  of  the  Wisconsin  Legislature). 

GREEN  BAY -Brown  County. 
Norris  c&  Chynoiveth, 

Wm.  H.  Noebis,  Jr. 
Thomas  B.  Chynoweth. 

Messrs.   Norris  &  Chynoweth  are  attorneys  in  good  standing 
whom  we  olten  recommend.  ^ 

M.  D.  PEAK, 
Cashier  First  National  Bank  of  Green  Bay. 

HUDSON -St.  Croix  County. 
Baker  &  Sjmoner. 

Hexry  C.  Baker. 
John  C.  Spooxer. 

29 


450 


wiscoNsm. 


JANESVILLE-Eook  County. 

tfiiv.httim,  rft  Norcross. 

Ax-FKiiD  A.  Jackson. 

Pliny  Nokcuoss  (District  Attorney,  ex-Member  of  Lcgisliture). 

First  National  Bank,         ) 
Janesville,  Wis.,  April  l5>,3.  | 

S.  F.  Knbbland,  Esq.,  Alhcmy,  N.  Y. : 

Dear  Sib. — Wo  very  cheerfully  recommeinl  to  the  Int'  vnational 
Merchants'  Protective  Law  Association,  of  Albany,  N.  Y.,  Messrs. 
Jackson  &  Norcross,  attorneys  of  this  city,  as  a  law  firm  in  goofl 
professional  Ktanding  here.  Mr.  Jackson,  the  senior  raenibor  of  the 
firm,  has  been  engaged  in  the  practice  of  law  here  for  eighteen 
years,  has  held  many  responsible  offices  and  trusts,  is  a  stockholder 
of  oar  bank  and  is  favorably  known  throughout  the  State.  Mr. 
Norcross  has  practiced  here  for  six  years  ;  is  now  serving  a  second 
term  as  District  Attorney  for  this  county.  Both  are  men  of  good 
Standing  and  financial  responsibility. 

Respectfully  yours, 

J.  B.  DOE,  Cashier. 

J.  D.  REXFORD,  Preskknt. 


h'.. 


;  1 


LA  CBOSSE  — La  Crosse  County. 

John  J.  Cole. 

La  Crosse  April  19,  1873. 

John  J.  Cole,  Esq.,  of  this  place,  has  acted  for  some  time  as 
attorney  of  this  bank,  and  I  have  found  him  prompt  ami  faithful, 
and  well  qualified  to  undertake  any  legal  business  intrusted  to  him, 
and  this  is  his  reputation  in  this  community. 

G.  VAN  STEENWYK, 
J^'esident  of  the  Batavia  JJa/tk, 

Sparta,  Wis.,  April  17,  1873. 
S.  F.  Kneel  and,  Esq.,  Albany,  N".  Y. : 

Dear  Sib. — I  have  been  acquainted  with  John  ,T.  Cole,  atf  nmey  at 
law,  residing  at  the  city  of  La  Crosse,  in  this  State,  for  the  pas*  twelve 
years  or  more.  He  has  practiced  before  me  in  this  j  udicial  circuit 
during  the  past  four  years,  and  I  take  pleasure  in  recommending 


f  'I 


Iprtl  17,  1873. 


WISCONsm.  451 

M  \  rr^"'  f.'^-^^^"''"*  «t'^"'>'"g  in  his  profession,  of  acknowl- 
edged  ability  and  integrity,  and  ev«ry  way  trustworthy. 

Yours  re8peotfu,ly, 

R.  BUNN,  Juilje  Sixth  Circuit,  Wta. 

LANCASTER  — Grant  County. 
BuH/meU  &  Clarke. 

Allex  R.  Busiinell  (has  been  District  Attorney  and  Member 

ot  Legislature). 
John  G.  Claukk  (has  been  Member  of  Congress). 

T  f '••*'"  *"/«r'^'"^''^""'«  ^'^^'  t'lc'"  "f  «i>^teon  years,  durin-  whioh 
I  have  held  this  office,  I  recommend  Mess,..  BishnJll  &  Cl^rle  of 
ns  place,  as  attorneys  of  well  establisheu,  good  repntation,  ,;er. 
tectly  ...^  ponsible  pecuniarily,  who  devote  themselves  to  their  pro- 
fession l\  olusively.  tiClI  J.IU 

T  ..         ^^M^McOONIGAL,  Judge  of  Grant  Co.  Court,  Wis. 
Lancaster,  Wis.,  March  26,  1873. 

MADISON— Dane  County. 
Opton,  Keyes  t  Chynoweth, 

H.  S.  Orton,  LL.  D. 
E,  "W.  Keyes. 

H.  W.  CuYNCiS  ETH. 

MANITOWOC -Manitowoc  County. 
Jmnes  S.  Anderson 

Manitowoc,  Wis.,  April  17,  1873. 
This  IS  to  certify  that  we  are  personally  acquainted  with  J.  S. 
Anderson,  of  this  c.ty,  and  know  him  to  he  ,  practicing  attorney, 
prompt  and  faithful  in  the  interest  of  his  clients, 
t""  '-J  W.  W.  WALDO,  Cozmty  Judge. 

CHAS.  GULIXG,  Cashier  First  Nut.  Bk. 

^'ENOMONI^  -  Dunn  County. 

fiaml.  W.  Hunt  (ex-District  Attorney  and  Member  of  Leffisl 
ture).  Aic^ioi. 

Menomonie,  Dunn  Co.,  Wis.,  Jan.  31,  1873. 
^0  whom  it  may  concert < : 

We  have  b,  on  acquainted  with  Saml.  W.  Hunt,  Esq.,  of  this 
village,  for  the  rast  six  years  ;  have  employed  him  as  attorney  in 


i.s 


I 


452 


WISCONSIN. 


several  important  oases,   and  rccoininoixl  him  as  an  honottt  and 
efficieivt  attorney  and  counwolor  at  law. 

KNAPP,  STOITT  &  CO. 
JUerchanti  and  Luinbermen. 


MILWAUKEE  — Milwaiikee  Coimty. 
JvuhhiH  tt-  Elliott. 

Ja8.  G.  Jknkins  (ex-City  Attorney  for  the  city  of  Milwaiikeo). 

T.  15.  Kl.MOTT. 

■Refer  to  Haekus,  Button  &  Co.,  stove  manufacturers,  Albany, 
N.  Y. ;  II.  B.  Clafliin  &  Co.,  merchants,  New  York  city. 

MINERAL  POINT— Iowa  Cotrnty. 
Wm.  W.  &  John  Lih'euM. 

MONROE  — Greene  County. 
Hiram  Medlmrtf, 

To  S.  F.  Kneeland,  Esq.,  Albany,  N.  Y.  : 

This  certifies  that  Hiram  Medbury,  of  Monroo,  Wis.,  is  an  attor- 
ney of  the  very  highest  standing  as  regards  integrity,  promptitude 
and  pecuniary  responsibility. 

WM.  P.  LYON, 
Justice  of  the  Supreme  Court  of  WiscoJisin. 

PAFRAVILLE  — Waupaca  County. 

James  II.  Jones  (formerly  Clerk  Circuit  Court). 

State  of  Wisconsin,  | 
Waupaca  County.     \ 

May  6,  1873. 

I  certify  that  J.  II.  Jones,  of  Pafraville,  Waupaca  county,  Wis., 
is  gene  rully  reported  as  a  reliable  collecting  agent,  and,  in  my 
opinion,  is  worthy  of  the  confidence  of  the  business  community. 
[l.  8.]  C.  S,  OGDEN,  County  Judge. 


nmmmtiuit 


wiscoNsm. 


468 


ail  iioiiot»t  and 


PORTAGE  CITY- Columbia  County. 

E,&j.n.  raffioi'. 

HwMONH  Tayu)u  (District  Attorney). 
Jamks  Ji.  Taylok. 

PoHTAOK  City,  April  21. 
I  have  long  boon  aaqnainted  witi,  E.  &  J.  B.  Taylor,  of  Portaffo 

ihToJl'V^-  l"'"'''"^'^''^"''""  "^  g-'^J  standing  a.ul  reputation  in 
tno  courts  of  Wi-sconsin. 

ALVA  STEWAltl', 
Judr/e  of  the  Ninth  Judicial  Circuit  of  Wisconsin. 

TREMPEALEAU -Trempealeau  County. 
Seth  W.  Button  (County  Judge). 
To  w/ioni  it  may  concern : 

S.  W.  Button,  of  Trempealeau,  in  the  county  of  Trempealeau. 
Wis  .H  an  attorney  at  law,  in  regular  practice  before  the  circuit 
court  of  the  Sixth  Judicial  District  of  said  State,  is  in  good  stand- 
ing, safe  and  reliable.     He  now  holds  the  office  of  County  Judge. 

R.  BUNN,  Judfje  of  the  Sixth  Judicial  Circuit  of  Wis 
Dated  May  8,  1873.  i    "    • 

VIROQUA- Vernon  County. 

Wni    F.  Tevhuue  (ex-County  Judge  and  Member  of  Lecrisla- 
ture).  ° 

Office  of  Couxty  Judgk,  Veunox  County,  Wis    ) 
ViROQUA,  Dec.  19,  1872.  ''  [ 

To  ichom  it  may  concern : 

I  have  long  known  Wm.  F.  Terhnne  as  an  attorney  of  the  conrts 
of  record  in  this  State,  and  know  him  qualified  to  undertake  any 
legal  business  intrusted  to  him.  He  has  long  made  collections  a 
si.ecialty,  and  is  prompt  and  faithful  in  the  interests  of  his  clients, 
lliis  testimonial  is  cheerfully  accorded. 

WM.  S.  PURDY,   County  Judge. 

WAUSAU  — Marathon  County. 
Sllverthorn  &  Bump, 

W.  E.  SiLVEBTHOBN  (formerly  District  Attorney  and  Member 

of  Legislature  for  the  State  of  Wisconsin). 
E.  L.  Bump. 


1 1{ 


,1' , 


PROVINCE  OF  NEW  BRUNSWICK. 


ENACTMENTS  AFFECTING  COMMERCE, 


Compiled  expressly  for  this  Book  by  C.  A.  Stockton,  Esq.,  liL.  B.,  Barrister 
at  Law,  St.  John,  New  Brunswick. 


m 


Acknowledgments.     See  Deeds. 

Aliens  have  the  right  to  become  naturalized  after  a  continued 
residence  of  three  years  and  upward  and  by  taking  the  oatli  of 
allegiance  prescribed  by  the  statutes,  after  which  they  will 
receive  a  certificate  of  naturalization,  and  shall  thenceforth  enjoy 
and  may  transmit  all  the  righ's  and  capacities  which  a  natural- 
born  subject  of  her  majesty  may  enjoy  or  transmit. 

Every  alien-born  woman  married  to  a  natural-born  British 
subject,  or  to  a  person  naturalized  as  aforesaid,  shall  be  deemed 
to  be  herself  naturalized,  and  shall  have  all  the  rights  and  privi- 
leges of  a  natural-born  British  subject. 

Akrest. — Any  debtor  (those  having  privilege  of  Parliament, 
judges,  attorneys,  etc.,  excepted)  may  be  held  to  bail,  affidavit 
having  been  first  made  of  the  debt  being  due,  the  amount,  con- 
sideration and  other  particulars.  If  on  a  bill  of  exchange  or 
promissory  note,  set  out  the  same  fully  i..  the  aftidavit,  and  aver 
presentment,  if  payable  at  a  particular  place. 

Attachment, — New  Brunswick  has  no  attachment  laws  for 
the  benefit  of  the  individual  creditor,  and  cau  only  attach  for 


L.  B.,  Barrister 


PRO  YINCE  OF  I^EW  BR UN&WICK.         455 

the  benefit  of  all  the  creditors,  providing  the  debtor  absconds  or 
conceals  himself  within  the  Province  with  intent  to  defraud  his 
creditors,  or  to  avoid  being  arrested  by  process  of  law,  or  absents 
himself  with  intent  to  defraud  his  creditors  for  the  space  of  six 
months  next  preceding  the  application  for  writ  of  attachment; 
these  facts  must  be  verified  on  affidavit  by  the  creditor  making 
the  application,  and  also  by  two  respectable  persons. 

lofnT'^'"'''  '"  ^'''^■^  "'''^^'"  *^'^  -Dominion  "Insolvent  Act  of 
1869  for  attaching  tlie  property  of  a  debtor  for  the  benefit  of 
all  the  creditors;  but  this  act  only  applies  to  t/aders,  and  will 
expire  m  a  few  months. 

Affidavits.- All  affidavits  for  the  purpose  of  holding  persons 
to  bail  m  this  Province  or  having  relation  to  any  judicial  pro- 
ceeding in  any  court  of  justice  therein,  purporting  to  be  made 
before  a  judge  of  any  court  of  justice  in  the  United  Kingdom,  or 
m  any  foreign  State,  or  in  any  British  colony  (if  in  other  respects 
conformable  to  law  and  the  practice  of  the  courts  in  which  they 
are  designed  to  be  used),  may,  notwithstanding  they  are  made 
before  a  judge  of  a  British,  foreign  or  colonial  court,  be  received 
and  acted  upon,  and  shall  have  the  same  effect  as  if  made  before 
a  judge  or  other  lawful  authority  in  this  Province,  provided  the 
same  purport  to  be  sealed  with  the  seal  of  the  British,  foreign  or 
colonial  court  before  one  of  the  judges  of  which  they  purport  to 
be  maae,  or  in  the  event  of  such  court  having  no  seal,  pro- 
vided the  judge  whose  name  is  subscribed  thereto  shall  have 
attached  to  his  signature  a  statement  in  writing  on  the  affidavit 
that  the  court  whereof  he  is  a  judge  has  no  seal. 

Oaths,  affirmations,  affidavits  or  declarations  may  be  adminis- 
tered, sworn,  affirmed  or  made,  out  of  the  Province  of  New 
Brunswick,  before  any  commissioner  authorized  by  the  lord 
chancellor  to  administer  oaths  in  chancery  in  England,  or  before 
any  notary  public  certified  under  his  hand  and  official  seal,  or 
before  the  mayor  or  chief  magistrate  of  any  city,  borough  or 
town  corporate  in  Great  Britain  or  Ireland,  or  in  any  colony  of 
her  majesty,  or  in  any  foreign  State  or  country,  and  certified 
under  the  corporate  seal  of  such  city,  borough  or  town  corporate, 
or  before  a  judge  of  any  court  of  supreme  jurisdiction  in  any 
colony  belonging  to  the  crown  of  Great  Britain  and  Ireland  or 


any  dependency  thereof,  or  before  any  consul,  vice-consul,  acti 


IliT 


ill 


t> 


If 
fir 


456 


PRO  VINGE  OF  NEW  BRUNSWICK. 


u<  1 


consul,  pro-consul,  or  consular  agent  of  her  majesty,  exercising 
his  fniictions  in  any  foreign  place,  for  the  purpose  of,  and  in  or 
concerning,  any  cause,  matter  or  thing  depending,  orjn  anywise 
concerning  any  of  the  proceedings  to  be  had  in  any  of  the  said 
courts  of  this  Province. 

Any  affidavit,  declaration  or  affirmation  proving  the  execution 
of  a  deed,  power  of  attorney,  will  or  probate,  or  memorial  thereof, 
for  the  purpose  of  registration  in  this  Province,  may  be  made 
before  a  commissioner  for  taking  affidavits  in  and  for  the  cuurts 
in  the  Province  of  New  Brunswick,  or  other  person  authorized  to 
administer  or  take  oaths,  affidavits,  declarations  and  affirmations. 

Bills  of  Excuangb  and  Promissory  Notes. — In  respect  to 
bills  of  exchange  and  promissory  notes,  the  following  are  legal 
holidays  and  non-juridical  days,  viz. :  Sundays,  New  Year's  day, 
Good  Friday,  Christmas  day ;  the  birthday,  or  the  day  fixed  by 
prociaraaiion  for  the  celebration  of  the  birthday,  of  the  reigning 
sovereign ;  any  day  appointed  by  proclamation  for  apublic  holiday, 
or  for  a  general  fast  or  a  geTieral  thanlvsgiving  day  throughout 
the  Dominion ;  and  the  day  next  following  New  Year's  day  and 
Christinas  day,  when  these  days  respectively  fall  on  Sunday; 
any  day  appointed  by  proclamation  of  the  Lieutenant-Governor 
of  the  Province  for  a  public  holiday,  or  for  a  fast  or  thanksgiving 
within  the  said  Province. 

Whenever  the  last  day  of  grace  of  a  bill  of  exchange  or  promis- 
sory note  tails  on  a  legal  holiday  or  non-juridical  day,  the  day 
next  following,  not  being  a  legal  holiday  or  non-juridical  day, 
shall  be  the  last  day  of  grace  of  such  bill  or  note. 

A  lost  bill  of  exchange  or  other  negotiable  instrument  maybe 
sued  and  recovered  upon  by  the  party  entitled  to  the  same,  pro- 
viding an  indemnity  is  given  to  the  satisfaction  of  the  court  or 
judge  against  the  claims  of  any  other  person  upon  such  negotiable 
instrument.  Bills  and  notes  and  choses  in  action,  payable  other 
than  in  money,  held  prima  facie  to  be  given  for  valuable  con- 
sideration. 

Bills  of  Sale  do  not  require  to  be  recorded,  and  are  governed 
by  the  common-law  rules. 

Contracts.     See  Statute  of  Frauds. 
Chattel  Mortgages.    See  Bills  of  Sale. 


PRO  VINCE  OF  NEW  BR UNS  WICK.         m 

Dekds  and  Moktoages  reciuire  to  be  in  writing,  and  sl<r„ed  by 
the  grantor  or  his  legally  authorized  attorney,  and  aoknowlod-cd 
before  one  of  the  following  officers  : 

A  judge  of  the  Supreme  Court  or  a  member  of  the  executive 
or  legislative  council,  or  before  a  registrar  or  his  deputy,  or  a 
justice  of  the  county  in  which  the  conveyance  is  to  be  re<-i.stered 
or  before  any  notary  public  residing  here;  or  a  subscrihin-  wit- 
ness may  prove  the  execution  of  the  same  before  such  Tud<re 
member  ot  the  executive  or  legislative  council,  or  the  ro-'-istrar 
or  his  deputy,  or  before  any  notary  public  residing  here;  and  if 
the  (.Miveyance  be  by  a  corporation,  proof  of  the  corporate  seal 
will  be  sufficient. 

If  the  subscribing  witness  be  dead,  said  deed  may  bo  proved 
by  the  ordinary  legal  proof  before  the  Supreme. Court  or  some 
Circuit  Court.     If  the  party,  executing  the  deed  or  tlie  witness 
reside  out  of  the  Province,  the  acknowledgment  or  proof  may  be 
taken,  if  in  Great  Britain  or  Ireland,  before  any  jiub^e  of  the 
Court  of  Queen's  Be-ich  or  Common  Pleas,  or'  baron  of  the 
Exchecpjer,  or  master  '.n  Chancery  in  England  or  Ireland,  or  any 
judge  or  lord  of  session  in  Scotland,  tho  handwriting  of  such 
persons  respectively  being   authenticated   under   the  seal  of  a 
notary  public,  or  before  any  mayor  or  other  chief  magistrate  of  a 
city,  borough  or  town  corporate,  or  any  part  of  the  United  Kin<r- 
dom  under  the  corporate  seal ;  and  if  in  any  other  part  of  the 
British  dominions,  before  any  judge  of  the  Supreme  Court  or 
biiperior  Court  of  Judicature,  his  handwriting  being  authenti- 
cated  by  a  notary,  as  aforesaid,  or  the  chief  magistrate  of  any 
city  or  municipality  under   the  corporate  seal ;  and  if  in  any 
toreign  State  or  kingdom,  under  the  hand  and  seal  of  the  office 
ot  any  British  minister,  ambassador,  consul,  vice-co.sul  residing 
there,  or  the  governor  of  a  State  or  a  mayor  of  a  city ;  and  by  a 
recent  enactment  a  notory  public  residing  in  any  part  of  tlie 
world  may  take  acknowledgments  and  prove  deeds  there  for 
registration  in  this  Province. 

A  married  woman  may  join  with  her  husband  and  convey  her 
interest  in  lands,  providing  she  is  examined  separate  and  apart 
from  her  husband;  and  the  party  taking  the  acknowledgment 
certifies  to  that  effect,  and  that  she  acknowledged  that  she  exe- 
cuted the  same,  freely  and  ooiuntarib/.     (See,^ ,  '  >o,  Affidavits.) 


•      i4 


nil  i 


488         PBO  VINCE  OF  NEW  BE  UNS  WICK. 

All  conveyances  affecting  real  estate  require  to  be  registered, 
excepting  leases  for  a  term  not  exceeding  three  years.  (See 
Appendix  as  to  Form  of  Acknowledgment.) 

Form  of  AcJcnowledgment. 
(Name  of  place  where  acknowledgment  is  taken)  s«.; 

Be  it  remembered  that  -m  this day  of ,  in  the  year 

of  c  ur  Lord  one  thousand  eight  hundred  and ,  before 

me  (name,  residence  and  addition  of  party  taking  acknowledg- 
ment; personally  came  and  appeared  (name  of  grantor)  and 
(name  of  wife)  his  wife,  who  severally  acknowledged  that  they 
signed,  sealed  and  executed  the  within  instrument  or  deed  of 
conveyance,  for  the  uses  and  purposes  therein  mentioned  and 
contained ;  and'  the  said  (name  of  wife),  wife  of  said  (name  of 
grantor),  having  been  by  me  examined  separate  and  apart  from 
her  said  husband,  acknowledged  that  she  signed,  sealed  and  exe- 
cuted the  within  instrument  or  deed  of  conveyance  freely  and 
voluntarily,  for  the  uses  and  purposes  therein  mentioned  and 
contained,  and  without  fear,  threat  or  compulsion  of,  from  or  by 
her  said  husband. 

In  witness  whereof,  I,  the  said  (name  of  party 

[seal.]     taking  acknowledgment),  have  hereunto  set  my  liand 

an*^!,  atRxed  my  official  seal  the day  of . 

A.  D. 187  . 

(Signature.) 

Dower.    See  Intestate  Estates. 

Estates  of  Deceased  Persons.    See  Intestate  Estates. 

Executions.     See  Judgments  and  Exemptions. 

Exemptions. — Family  homestead  to  the  value  of  $600,  anU  $60 
worth  of  household  furniture,  and  implements  of  work,  and  one 
year's  arrears  of  rent  due  landlord. 

Imprisonment  for  Debt.     See  Arrest. 

Infants.     See  Statute  of  Frauds,  also  Wills. 

Interest  and  Usury  : 

legal  Bate,  6  per  centum. 

Contract  for  more  does  not  forteit  principal,  but  only  the  usuri- 
ous interest. 


PRO  VINCE  OF  NEW  BR  UNS  WICK         459 

Intkstate  Estates.— If  a  party  die  leaving  cliildren,  the  widow 
takes  one-third  of  the  whole  of  the  real  estate  for  life  and  one-third 
of  the  personal  estate  absolutely,  and  each  child  share  and  share 
alike,  the  legal  representatives  taking  the  share  of  any  deceased 
child. 

If  there  are  no  children  or  their  legal  representativesj  then  the 
wife  takes  one-third  of  the  real  estate  for  life  and  one-half  of  the 
personal  estate  absolutely.  The  rest  goes  to  the  next  of  kin,  in 
equal  degree,  and  those  that  represent  them. 

Judgments.— A  judgment  is  a  lien  on  the  property  in  the 
county  after  execution  on  said  judgment  is  issued  and  placed  in 
the  hands  of  the  sheriff  of  said  county,  or  a  memoi-inl  of  said 
judgment  is  recorded  in  the  records  of  such  county. 

Executions  may  issue  at  any  time  within  fifteen  years,  and 
after  that  time  may  be  revived  by  scire  facias.     (See,  also, 
Limitations  to  Personal  Actions.) 
Laj>se  Legacies.     See  Wills. 

Landlord  and  Tenant,— Arrears  of  rent  may  oe  distrained 
for  wuthin  six  months  after  determination  of  lease  and  durino- 
tenant's  possession. 

Goods  fraudulently  and  clandestinely  removed  from  the  pre- 
mises, to  avoid  distress,  may,  within  thirty  days  thereafter,  be 
followed  b>  the  landlord  and  seized,  providing  they  are  not  sold 
hona  fide  for  a  valuable  consideration  before  seizure.  Notice  to 
quit  shall  be  as  follows :  For  the  year  or  half  year,  three  months ; 
for  the  quarter  or  month,  one  month ;  for  the  week,  one  week! 
LiMrrATioN  OF  Actions  eespectihg  Eeal  Estate  : 
Six  Years. — Arrearage  of  dower  and  damages  thereto  may  be 
recovered. 

Ten  Years.— Party  imder  any  disability  may  commence  action 
within  ten  years  after  disability  removed. 
Twenty  Years.— R\^hi  of  entry  or  action  barred. 
Forty  Years.— W'lW  bar  action,  although  party  under  disability. 
Sixty  J^e«r9.- -Eight  of  crown  barred. 

LlMITATIO\j  T*-^  i.ERSONAti  AcTIONS  : 

Six  Years. — oimple  contracts. 

Twenty    Years.— Scire  facias,   recognizances,  bonds,  debts, 
judgments  or  other  specialties. 


460 


PRO  YINGE  OF  NEW  BRUNSWICK. 


\ , 


Makbiei)  Women. — The  real  and  personal  property  belon^in"- 
to  a  married  woman,  acquired  in  her  own  right  before  or  after 
marriage,  is  free  from  all  liability  for  debts  of  her  husband,  and 
cannot  be  encumbered  or  conveyed  without  her  consent.  If  real 
by  her  being  a  party  to  the  deed  executed  in  due  form  (see  Deeds 
and  Mortgages),  and  only  liable  for  her  debts  contracted  before 
marriage,  and  for  judgments  recovered  against  the  husband  for 
her  wrongs. 

A  married  woman  deserted  or  abandoned  by  her  husband,  or 
living  separate  or  apart  from  him  (not  willfully  and  of  her  own 
accord),  may  recover,  sue  for  and  receive  from  any  i^erson 
indebted  or  liable  to  her  for  debts  due  her,  or  for  services  per- 
formed, or  for  damages  for  injuries  to  herself  or  her  separate 
property.  And  in  such  case  such  debt  or  action  cannot  be  dis- 
charged by  her  husband ;  and  such  married  woman  may  will, 
demise,  grant,  give  or  dispose  of  her  property,  so  acquired  as  afore- 
s:ii(i,  free  from  all  claims  of  her  husband,  as  fully  and  etlectually 
as  if  she  were  a  feme  sole,  and  may  appoint  executors  to  her  last 
will  and  testament. 

Statute  of  Fkauds. — No  action  shall  be  brought  to  chai-ge  an 
executor  or  administrator  upon  any  special  promise  to  answer 
damages  out  of  his  own  estate,  or  to  charge  any  person  upon  any 
special  promise  to  answer  for  the  debt,  default  or  miscarriage  of 
another,  or  to  charge  any  person  upon  any  agreement  made 
upon  consideration  of  marriage,  or  upon  any  contract  or  sale  of 
lands,  or  of  any  interest  therein,  or  upon  any  agreement  that  is 
not  to  be  ])erformed  within  one  year  from  the  making  thereof, 
unless  the  agreement  upon  which  such  action  shall  be  brought,  or 
Eonie  memorandum  or  note  thereof,  shall  be  in  writin-rand  siijiied 
by  the  party  to  be  charged  therewith,  or  some  other  i>erson 
authorized  by  Inm. 

No  contract  for  the  sale  of  any  goods,  wares  or  merchandise 
for  the  price  of  $40  or  upward  shall  be  good,  unless  the  buyer 
accept  and  receive  part  of  the  goods  so  sold,  or  give  something  in 
earnest  to  bind  the  bargain  or  in  part  payment,  or  unices  some 
note  or  memorandum  in  writing  of  the  bargain  Ihj  made  and 
signed  by  tlie  party  to  be  charged  thereby  or  his  agent,  whether 
such  goods  are  actually  made  or  ready  for  delivery  or  are  intended 
to  be  made  or  delivered,  or  both,  at  some  future  tiaac  or  not. 


e  to  answer 
oil  upon  any 


PRO  YINCE  OF  NE  W  BR  UNS  WICK.         461 

No  action  shall  be  brought  to  cliarge  any  person,  upon  or  by 
reason  of  any  representation  or  assurance  made  or  given  concern- 
ing or  relating  to  the  character,  conduct,  credit,  ability,  trade  or 
dealing  of  any  ether  person,  to  enable  such  other  person  to  obtain 
money  or  goods  upon  credit,  unless  such  representation  or  assur- 
ance be  made  in  writing,  signed  by  the  party  to  be  charged 
therewith, 

No  person  shall  be  liable  upon  any  promise  made  after  full 
age  to  pay  any  debt  contracted  during  infancy,  or  upon  any 
ratilication  made  after  full  age,  on  any  promise  or  simple  contract 
made  during  infancy,  unless  the  same  be  in  writing,  signed  by 
such  ])erson. 

All  leases,  estates  and  other  interests  in  lands,  not  put  in  writ- 
ing and  signed  by  the  party  to  be  charged  therewith,  or  his  duly 
authorized  agent,  shall  have  the  force  and  effect  of  estates  at  will 
only,  except  leases  not  exceeding  three  years. 

All  giants,  assignments  and  surrenders  of  lands,  or  interest 
therein,  must  be  in  writing,  signed  by  the  party  to  be  charged 
therewith,  or  his  duly  authorized  agent. 

All  declarations  or  creations  of  trusts  in  lands,  or  any  grant  or 
assignment  thereof  (except  those  by  operation  of  law),  shall  be 
invalid  unless  the  same  be  in  writing. 

Wills.— Every  person  capable  of  making  a  will  may  dispose 
of,  Ijy  his  will  duly  executed,  all  his  real  and  personal  property 
which  he  shall  be  entitled  to  at  law  or  in  equity  at  the  time  of 
his  death,  and  which,  if  not  disposed  of,  would  devolve  upon  his 
heir,  cliild  or  next  of  kin,  or  upos-  iiis  representatives,  inclnding 
estates  txr  autro  vie. 

No  will  made  by  an  infant  or  a  married  woman  (except  in  the 
execution  of  »  power,  and  as  above  stated)  «hall  \m  valid.  (See 
Marrieti  Women.) 

No  will  shall  be  \  .iHd  unless  it  shall  be  in  writing  and  executed 
ill  manner  hereinafter  mentioned,  that  is  to  say,  it  shall  be  s-Vned 
at  the  foot  or  end  thereof  by  the  testator,  or'by  some  other  per- 
son in  his  presence  and  by  his  direction;  and  such  signature 
shall  be  made  or  aclincwledged  by  the  testator  in  the  presence 
ot  two  or  more  witnesses  present  at  the  same  time,  and  such 
witnesses  shall  attest  and  subscribe  the  will  in  the  presence  of 
the  testator  and  in  the  presence  of  each  other;  but  any  will, 


j 


•:fti(T 


462 


PRO  VINCE  OF  NEW  BR  UNSWICK. 


fcali' 


I 


although  not  signed  at  the  foot  or  end  thereof,  shall  be  valid,  if 
it  bo  apparent  from  the  will  and  position  of  the  signature,  or 
from  the  evidence  of  the  witnesses  thereto,  that  the  same  was 
intended  by  the  testator  to  be  his  last  will,  but  no  form  of  attes- 
tation shall  be  necessary. 

This  does  not  apply  to  the  will  of  soldiers  in  active  service,  and 
mariners  at  sea,  as  regards  the  disposal  of  their  personal  estate. 

Estate. — No  will  shall  be  invalid  in  consequence  of  the  wit- 
nesses at  the  time  of  attesting  the  same  or  afterward  becoming 
incompetent  to  prove  the  same. 

No  will  shall  be  invalid  on  account  of  the  witnesses  or  the 
wife  or  husband  of  such  witness  being  a  legatee,  only  so  far  as 
such  witness  or  the  wife  or  husband  of  such  witness  is  concerned, 
and  such  witness  shall  be  admitted  to  prove  such  will.  Execu- 
tors may  witness  the  will  of  the  testator. 

Marriage  will  revoke  the  will  of  a  man  or  woman,  except  a 
will  made  under  a  power  of  appointment,  when  in  default  of 
such  appointment  the  estate  thereby  appointed  would  not  pass  to 
the  testator's  heirs,  child,  next  of  kin  or  representatives. 

No  will  shall  be  revoked  by  any  presumption  growing  out  of 
change  of  circumstances. 

Every  will  shall  be  construed  with  reference  to  the  real  and 
personal  estate  comprised  therein,  as  if  it  had  been  executed 
immediately  before  the  death  of  the  testator,  unless  a  contrary 
intention  appears  by  the  will. 

If  no  words  of  limitation  be  used,  a  devise  of  real  estate  shall 
pass  a  fee  simple,  or  all  the  estate  that  testator  has  power  to  dis- 
pose of  by  will  in  such  real  estate,  unless  a  contrary  intention 
appears  by  such  will. 

Where  any  person,  being  a  child  or  other  issue  of  the  testator, 
to  wliom  any  real  or  personal  estate  shall  be  devised  or  be(iv\Ci\thed 
for  any  estate  or  interest  not  determinable  at  v^v  betow  the  death 
of  suJi  person,  shall  die  in  the  lifetime  of  the  testator,  IcaVWg 
issue,  and  any  such  issue  of  such  person  shall  bo  living  at  the 
time  of  the  death  of  the  testator,  such  devise  ov  bequest  shall  not 
lapse,  but  shall  take  effect  as  if  the  death  of  such  person  had 
happened  immediately  after  the  death  of  the  testator,  unless  a 
contrary  intention  shall  appear  by  the  will. 


PRO  YINCE  OF  NEW  BR UNS WICK.         463 


CANADA. 


PROVINCE  OF  NEW  BRUNSWICK. 


CHATHAM  — Northumberland  County. 
Wm,  Wilkinson, 

Newcastle,  N.  B.,  Mbrua^y  12,  1873. 
To  all  to  horn  it  may  concern : 

I  do  liereby  certify  that  Wm.  Wilkinson,  Esq.,  residing  in 
Chatham,  in  the  county  of  Northumberland  and  Province  of  New 
Brunswick,  has  practiced  law  in  this  county  for  twenty-five  years, 
and  is  a  barrister  of  twenty-three  years'  standing  ;  is  well  qualified 
to  undertake  any  legal  business  intrusted  to  him  ;  is  prompt  and 
faithful  in  the  interests  of  liis  clients,  and  this  testimonial  is  very 
cheerfully  accorded. 

EDW.  WILLISTON, 
Judffe  Cotmty  Court^  Northumberland  Co. 

GAQETOWN— Queens  County. 
T.  Koherts  Wetinore. 

Recommended  by 

JOHN  PALMER,  High  Sheriff,  Queens  Co. 

FREDERICTON  — York  County. 
Vt'efforj/  «t  Jilaii'. 

(Jkouue  F.  Gukuoby  (Mayor  of  Fredericton). 
Andrew  G.  Blair. 

I  hereby  certify  that  I  am  personally  acquainted  with  Messrs. 
George  F.  Gregory  and  Andrew  G.  Blair,  carrying  on  legal  busi- 
ness in  Fredericton  as  copartners,  under  the  name  of  Gregory  & 
Blair  ;  that  they  are  duly  admitted  as  barristers  and  attorneys  of 
the  Supreme  Court  of  this  Province ;  that  they  are  of  respectable 


irllP 


4(]4         PUO  V7NVK  OF  NE  W  BR  UNS  WICK. 

Btaiuliiig  and  wkill  in  thoir  buKincHs  as  barristers  and  attorneys  ; 
and  I  believe  they  will  give  strict  attention  to  any  prolWsioniil 
business  intrusted  to  them. 

Dated  at  Fredericton,  in  tlie  Province  of  New  Brunswick,  tlic 
tirst  day  of  March,  A.  D.  1873. 

JOIIxV  C.  ALLEN, 

Jmhje  of  the  Supreme  Court  of  New  JBrmuvrlrk: 

Fbederktox,  Ilbruary  28,  1873. 
Sirs.— T  am  personally  acquainted  with  G.  F.  Gregory,  Esq,, 
Mayor  of  the  city  of  Fredericton,  and  Andrew  G.  Blair,'  Es(|.,' 
attorneys  at  law,  doin'  business  under  the  name  and  style  of 
Gregory  &,  Blair,  as  professional  partners,  an<l  I  have  no  hesitation 
in  recommending  them  as  every  way  reliable  in  the  business  of  their 
profession,  both  as  regards  their  competency  and  integrity. 

Yours,  etc., 
JAS.  STEADMAN,  Jmh/e  of  the  Comity  Courts  for  the 
District  of  York,  ISunhiiry  and  Quee/ts  Cos.,  A"  JJ. 

HOPEWELL  — Albert  Turin  County. 
Chan.  A.  Peck. 

MoNKTON,  County  op  "Westmoreland,         ) 
Province  of  New  Brunswick,  January  31,  1873.  [ 

I  have  known  Charles  A.  Peck,  Esq.,  of  Hopewell,  in  the  county 
of  Albert  Turin,  Province  of  New  15runswick,  for  several  years,  as 
one  of  the  leading  barristers  in  tlif  court  over  which  I  preside,  and 
have  much  pleasure  in  adding  my  testimonial  of  his  professional 
standing. 

B.  BOTSFORD,  J.,  County  Court,  County  of  Albert  Turin. 
To  the  International  Mervhantu''  Protective  I  no  Association,  No. 

74  atate  street,  Albany,  N.  Y. 

MONKTON,     SALISBURY    and    PETITCORDIAC - 

Westmoreland  County. 
Chas.  A.  llttlstead. 

MoxKTON,  February  25,  1873. 
I  have   been  acquainted  with    Charles  A.   Ilolstead  from  his 
infancy,  and  he  is  now  a  practicing  barrister  in  the  courts  for  the 
county  of  Westmoreland,  over  which  I  now  preside.     I  have  nnich 


p 


PRO  VINCE  OF  NEW  BR  UN8  WICK.        403 

pk.a8»ro  in  adding  this  testimonial  of  his  professional  staadinir  at 
the  bar.  ® 


U.  BOTSP^OIID, 
Judge  r     'h.   <  ,f  (1^^^^t^  q^^^^^^^  ^y  Westmoreland. 

To  the  Interna,  .u.rchanta'  l*rotective  Law  Association,  No 

H  ^tute  .sireet, .'    ■>/,■    ^^.  Y. 


DRDIAC- 


RICHIBUCTO-Kent  County. 
Hutchinson  cC-  riiltinejj. 

MoNKTON,  N.  B.,  Fehruary  10,  1873. 

I  have  known  the  firm  of  Ilntcliinson  Sc  Phinney  for  some  titne  • 

thoy  are  leading  banisters  in  the  County  Court  for  the  County  of 

Kent,  over  M'hich  I        .ide,  and  I  !,avo  much  pleasure  in  furnishin.. 

this  testimonial  of  i     ,  i-  professional  standing.  ° 

B.  BOTSF</i;i), 
Judge  of  the  County  (     >rtfor  the  Cmmty  of  Kent. 

To  the  International  Merchants'  Protective  Law  Association,  Ko. 
1i  iState  street,  Albany,  JV.  Y. 

ST.  JOHN  —  St.  John  County. 
Charles  A.  Stockton. 

„,     ,.         ,         ,  St.  John,  JWay  2f0873. 

Jo  all  to  whom  these  shall  come: 

I  hereby  certify  that  I  have  been  acquainted  with  Charles  \ 
Stockton,  Esq.,  attorney  at  law  of  this  city,  for  upward  of  eight. 
years.  He  studied  law  under  my  superinten<lence,  and  entered 
upon  tlie  practice  of  it  in  St.  John  some  tliree  years  ago. 

He  is  honest,  sober,  industrious,   well  skilled  in  Ill's  profession 
and  any  person  giving  him  legal  business  to  attend  to  may  rest 
assured  that  it  will  be  carefully,  promptly  and  correctly  attended 
to.  •' 

CHARLES  N.  SKINNER, 
Queen's  Counsel  and  Judge  of  the  Court  of  Probate. 

I  fully  concur  in  the  above  testimonial  of  Mr.  C.  \.  Stockton. 

CHARLES  WATTERS, 
Judge  of  the  County  Court  for  the  County  of  Saint  John. 


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466 


PBO  VINCE  OF  NEW  BR  UNS  WICK 


Simeon  Jones  «&  Co.,  Bankers,  ) 

St.  John,  N.  B.,  May  3d,  1873.  j 

This  is  to  certify  that  we  have  known  Charles  A.  Stockton,  Esq., 
for  a  number  of  years,  and  liave  much  pleasure  in  recommencllug 
him  as  a  lawyer,  as  well  as  a  good,  honest,  sober  and  industrious 
citizen. 

We  feel  safe  in  saying  any  business  intrusted  with  him  will 
receive  prompt  and  careful  attention. 

SBIEON  JONES  ifc  CO. 


I: 


w 


|: 


ST.  STEPHENS  — Charlotte  County. 

Stevens  <£•  3Iitchell. 

James  G.  Stevens,  Jr. 
James  Mitchell. 
To  whom  it  may  concern : 

We  have  had  occasion  to  transact  business  with  Messrs.  Stevens 
&  Mitchell  as  attorneys  for  this  bank  on  several  occasions,  and 
have  found  them  well  qualified  to  undertake  any  legal  business 
intrusted  to  them.  Messrs.  Stevens  &  Mitchell  are  prompt  and 
faithful  in  the  interests  of  their  clients,  and  this  testimonial  is  very 
cheerfully  given. 

ROBT.  WATSON,  Ca.^hier  St.  Stephens  Bank. 
J.  F.  GRANT,  Acct.  St.  Stephens  Bank. 


PRO  VINCE  OF  NEWFO UNDLAND.         467 


PROVINCE 'OF    NEWFOUNDLAND. 


Newfoundland  is  an  independent  Province  of  Great  Britain  (if  a 
Province  can  be  independent),  having  about  150,000  inliabitants. 
Ihe  chief  commercial  exports  are  fish  and  seal  skins.  St.  John's 
the  metropolis  and  capital,  is  a  fine  harbor  city  of  about  30,000 
inhabitants.  The  laws  of  England  govern  except  in  some  bcal 
lu  fitters. 

ST.  JOHNS -Placentia  and  St.  Mary's  Countv 
J.  S.  Winter.  ^ 

Mr.  Winter  comes  to  us  well  recommended,  and  we  shall  not 
hesitate  to  place  any  business  in  his  hands.— [Ed. 


H 

a 


4GS 


PROYIJSCE  OF  NOVA  SCOTIA. 


it 

i 


PROVINCE  OF  NOVA  SCOTIA. 


ENACTMENTS  AFFECTING  COMMERCE. 


Prepared  by  Cilviiles  B.   Owen,  Queen's  Counsel,  Master  find  Surrogate, 
Solicitor,  etc. ,  residing  at  Yarmoutli,  N.  8. 


Aliens — Chapter  34,  Revised  Statutes,  enacts  that  aliens  may 
hold  and  convey  real  as  well  as  personal  estate.  It  points  out 
a  simple  mode  of  naturalization  at  but  trifling  cost. 

Arrest  for  Debt. — E.xecution  authorizes  imprisonment  of 
debtor,  for  want  of  sufficient  real  or  personal  estate,  or  where 
special  directions  to  arrest  are  indorsed  on  writ.  Cajnas  may 
issue  if  affidavit  made  of  claim  being  just  and  true,  and  of  defend- 
ant being  about  to  quit  the  Province,  or  in  suits  before  a  magis- 
trate that  he  is  about  to  leave  the  county. 

Bills  of  Exciianoe  and  Pkomissort  Notes — Cliapter  82. 
Bills  drawn  by  residents  in  Nova  Scotia  and  returned  ])rotested, 
if  drawn  on  party  resident  out  of  Nova  Scotia  but  in  North 
America,  are  subject  to  5  per  cent  damages  and  6  per  cent  inter- 
est ;  if  drawn  on  a  party  in  any  other  country,  10  per  cent  and 
interest.  As  a  general  rule,  English  decisions  apply,  and  those 
of  the  United  States  courts  are  respected. 

Bills  of  Sale  protect  the  personal  estate  therein  set  forth 
after  being  filed  in  office  of  registry  of  deeds,  if  not  fraudulent 
or  without  consideration.  Leases  of  land,  for  a  term  longer  than 
three  years,  are  liable  to  be  preferred  by  registered  judgment  or 
transfer. 

Deeds  and  Mortgages; — A  registered  docket  of  judgment, 
deed  or  mortgage  registered,  will  take  preference  of  an  unregis- 


T  find  Surrogate, 


tate,  or  where 


PRO  VINCE  OF  NO  VA  SCOTIA.  409 

tered  conveyance  at  law.  But  if  the  party,  for  wliose  benefit  the 
same  is  intended,  knew  of  the  existence  of  a  lo7ia  jide  unregis- 
tered  conveyance,  equity  will  grant  relief  pursuant  to  tlu.  deci- 
sions of  the  English  chancery  courts,  some  of  which  have  been 
exprcbaly  adjudicated  upon  and  duly  reported. 

Registry    of    Conveyances    Executed    Abroad.— Revised 
Statutes  provide  that  deeds  may  be  proved  out  of  the  Province 
as  well  in  foreign  countriesasin  the  British  dominions  by  the  oath 
ot  a  subscribing  witness  or  the  acknowledgment  of  the  parties, 
under  oath,  to  tlie  due  execution  thereof,  such  oath  to  be  admin- 
istered by  the  judge  of  any  court  of  record,  by  the  mayor  of 
any  city,  by  a  justice  of  the  peace,  or  by  a  notary  public  residing 
respectively  at  or  near  the  place  where  the  deed  and  the  attesta- 
tion with  the  date  to  be  certified  under  the  seal  of  a  court  of 
record  or  of  a  city,  or  under  the  hand  and  seal  of  a  notary  public. 
And  where  a  deed  is  proved  in  a  foreign  country,  the  oath  may 
be  administered  by  and  attestation  ^.nd  date  certified  under  hand 
and  seal  of  any  public  minister,  ambassador  or  consul  of  GreH 
Britain,  or  vice-consul  residing  at  or  near  the  place  where  the 
deed  is  proved. 

N.  B.—The  stafutes  of  Nova  Scotia  were  revised  last  winter, 
but  are  not  yet  published ;  so  that  it  would  be  unsafe  to  sum- 
marize any  other  subjects  than  the  above,  which  remain  unaltered 


J 


470 


PRO  VINCE  OF  NO  VA  SCOTIA. 


PROVINCE  OF  NOVA  SCOTIA. 


fi 

i 

It 


il ' 


AMHERST  —  Cumberland  County. 

Chas,  J,  Townshend, 

Bank  op  Nova  Scotia,         ) 
Amuerst,  N.  S.,  May  5th,  1873.  \ 

I  beg  leave  to  certify  that  I  am  well  acquainted  with  Charles  J. 
Townshend,  Esq.,  of  this  place,  barrister  at  law — that  he  is  the 
employed  attorney  of  this  branch — and  that  on  all  occasions  on 
which  his  services  have  been  required  I  have  found  him  prompt, 
reliable  and  well  qualified  to  undertake  any  legal  business  intrusted 
to  him. 

A.  H.  PATTERSON,  Agent. 

(From  Sm  Wm.  Yor^G,  Bart.) 
I  have  pleasure  in  certifying  in  terms  of  the  circular  issued  by 
the  International  Merchants'   Protective  Law  Association,  that 
Charles  J.  Townshend,  Esq.,  of  Amherst,  barrister  and  attorney,  is 
in  good  professional  standing  in  this  Province. 

W.  YOUNG,   Chief  Justice. 
Halifax,  N.  S.,  April  30,  1873. 

BRIDGETOWN  — Annapolis  County. 
T,  D,  Ruffffles  (Queen's  Counsel;. 

County  op  Annapolis,         ) 
Pi-ovince  of  Nova  Scotia,  >• 
Dominion  of  Canada.    ) 
This  is  to  certify  that  I  have  known  Timothy  D.  Ruggles,  of 
Bridgetown,  in  the  county  of  Annapolis,  Nova  Scotia,  Queen's 
Counsel,  and  a  barrister  of  the  supreme  court  of  Nova  Scotia,  for 
many  yeara  ;  that  his  standing  at  the  bar  is  of  the  highest  charac- 
ter, and  that  he  is  worthy  of  full  trust  and  confidence. 

EDWD.  C.  COWLINS. 
Judge  of  the  Courts  of  Probate  and  Insolvency, 

County  of  Annapolis, 
Annapolis,  Nova  Scotia,  March  26th,  A.  D.  1873. 


■  1  Al 


PRO  YINCE  OF  NO  VA  SCOTIA. 

DIGBY-Digby  County. 
Th08.  A,  Shreve. 


471 


HALIFAX. 
Smith  &  MacCoy. 

H.  W.  Smith  (Attorney-General  of  Nova  Scotia). 

KENTVILLE-  King's  County. 
Harria  &  Chipnian. 

Tnos.  W.  Harris  (Queen's  Counsel). 
John  P.  Chipman. 

Office  OF  the  Agexcy  op  the  Bank  op  Xova  Scotia  ) 
KENTVILLE,  King's  County,  Nova  Scotia  '  I 

January  26th,  1873.  '  \ 

To  whom  it  may  concern : 

I  hereby  certify  that  Thomas  W.  Harris  and  John  P.  Chipman 
ha-e  transacted  business  for  this  agency  since  its  establishment, 
some  two  years  ago,  and  that  in  all  matters  intrusted  to  them  thev 
have  been  prompt  and  reliable.  I  further  observe,  that  I  have  per- 
sonally known  the  said  Harris  &  Chipman  for  many  years,  and 
that  they  are  persons  of  character  and  credit  in  the  Province  of 
Nova  Scotia. 

L.  D.  V.  CHIPMAN,  Agent  and  31.  P. 

LIVERPOOL—  Queen's  County. 
€r.  Thomas  3Ioove. 

S,  F.  Kneeland,  Esq.,  Albany,  R.  Y.  : 

Sir.— We  beg  leave  to  recommend  G.  Thomas  Moore,  of  Liver- 
pool Nova  Scotia,  as  a  fit  and  proper  person  to  act  as  the  attorney 
of  the  Merchants'  Protective  Law  Association,"  he  bein<.  in  sood 
«tan<ling-  Yours,  etc., 

T.  n.  YALLITTO, 
President  Bank  Acadia,  Liverpool 
STEPHEN  C.  TUPPER, 
Vice-President  Bank  Acadia,  Liverpool. 

LUNENBUSa. 
Hon.  Henry  A,  N,  Kanlhack  (Senator  of  Canada). 


472 


PRO  VINCE  OF  NO  VA  SCOTIA. 


NEW  GLASGOW  — Pictou  Coxinty. 
Edward  lioat'll  (^Master  in  CJiancery,  etc.). 


hi! 

iH 


I      t     i 


ii 


PICTOU  —  Pictou  County. 
John  J>.  M-Leod. 

County  ok  Pictou,        ) 
Province  of  A'ova  iScotia.  ) 

I,  David  Matheson,  protlionotary  of  the  Supreme  Court  of  the 
said  Province,  in  the  said  county,  do  hereby  certify  that  Jolin  D. 
M'Lood,  Esq.,  barrister  and  attorney  at  law,  duiy  admitted  and 
practicing  at  Pictou,  in  said  county,  is  in  good  standing  at  tlie  bar 
in  tliis  Province,  and  is  entitled  to  all  confidence  and  trust  in  mat- 
ters pertaining  to  his  said  profession. 

Witness  my  hand  and  the  seal  of  the  said  court  of  Pic- 
[Seal.]        ton,  in  the  Province  of  Nova  Scotia,  this  eighth  day 
of  March,  A.  D.  1873. 

DAVID  MATHESON,  Prothonotary. 

SHELBURNE— Shelburne  County. 
3".  W.  White  (Queen's  Counsel). 

County  of  Shelburne,  April  30<A,  1873. 
Having  been  intimately  acquainted  with  N.  W.  "White,  Esq.,  Q. 
C,  of  Shelburne,  for  many  years,  both  socially  and  professionally, 
and  found  him  well  qualified  to  transact  any  legal  business 
instrusted  to  him,  we  cheerfully  certify  that  he  is  prompt  and 
faithful  to  the  interests  of  his  clients,  and  recommend  him  as  a 
reliable  business  man. 

ROBT.  G.  EWIN,  Judge  Probate. 

GEO.  SNYJ^ER    Cmtos  of  the  District  Shelburne. 

TRURO  — Colchester  County. 

Geo,  Camjibell. 

"WINDSOR  — Hants  County. 
Mohert  D.  Chandler. 

Windsor,  N.  S.,  January  8,  1873. 
To  xnhom  it  may  concern : 

I  have  for  the  past  six  years  employed  Mr.  Robert  D.  Chandler 
as  my  attorney,  upon  several  occasions,  and  have  always  received 


PRO  VINCE  OF  NO  VA  SCOTIA. 


473 


tit  Shelburne. 


perfect  satisfaction.  I  have  always  considcrod  him  prompt  in  my 
own  bnsint'ss,  and  iiave  lieard  the  same  from  others  who  had 
employed  him. 

G.  P.  PAYSANT,  Pres.  Commercial  Barik  of  Windsor. 

Sheriff's  Ofpiob,  ) 

„      ,        .  WiNDHou,  N.  S.,  Jan.  9,  1873,  \ 

10  whom  it  may  concern : 

I  have  as  High  Sheriff  of  this  county  transacted  professional 
business  with  Mr.  Robert  D.  Chandler  for  the  past  six  years,  durino- 
which  time  I  have  always  found  him  prompt  and  faithful  to  the 
interests  of  his  clients,  and  he  has  always  been  considered  well 
qualified  to  undertake  all  legal  business  intrusted  to  him. 

J.  M.  GELDEUT, 
Iliffh  Sheriff  for  the  Comity  of  Hants. 

YARMOUTH — Yarmouth  County. 
Charles  B.  Owen  (Queen's  Counsel). 
To  the  Merchants'  Pi'otective  Laxo  Association  : 

We,  the  subscribers,  have  been  well  acquainted  with  Mr.  Owen, 
during  his  residence  in  the  town  of  Yarmouth  for  twenty  years,' 
last  past.  He  has  sustained  a  good  standing,  in  his  profession^ 
and  also  as  a  citizen  and  man  of  business. 

JAS.  MURRAY,  Judye  of  Probate  and  Insolvency  Courts, 

and  Ayent  Hank  of  Nova  Scotia,  etc. 
JOSEPH  B.  BOND,  M.  D.,  etc..   Chairman  Board  School 
Commissio7iers,  Chairman  Board  of  Health,  Chairman 
Yarmouth    Comity  Medical    Society    {formerly 
Sheriff  of  the  County),  etc.,  etc.,  etc. 
HENRY  A.  GRANTHAM,  Beyistrar  of  Probate  and  Insol- 
vency, Barrister  at  Laxo,  and  Notary  Public. 
3.  W.  MOODY,  a  Director  of  the  Bank  of  Yarmouth,  and 

Ayent  to  Lloyds,  etc.,  etc. 
JOHN  K.  RYERSON,  Member  of  Provincial  Parliament 

of  Nova  Scotia. 
JOHN  TOOKER,  Justice  of  the  Peace,  Clerk  of  the  Peace, 
and  Commissioner  in  the  Supreme  Court  in 
and  for  the  County  of  Yarmouth. 
Yabsiouth,  N.  S.,  January  1,  1873. 


Hi 


PRO  VINCE  Of  NO  YA  SCOTIA. 


I,  Henry  A,  Grantham,  Notary  Public,  in  and  for  the  Province 
of  Nova  Scotia,  residing  at  Yarmouth  in  said  Province,  do  hereby 
certify  and  attest:  that  the  signatures,  Jaa.  Murray,  Joseph  B. 
Rond,  J.  W.  Moody,  John  K.  Ryerson,  and  John  Tookcr,  to  the 
foregoing  certificate  affixed,  are  respectively  those  of  the  parties  of 
said  respective  names,  and  that  each  of  them  exercises  the  office 
following  his  name  ;  and  I  further  certify  that  there  is  not  in  said 
county  either  a  Supreme  Court,  District  or  other  Judge  of  Common 
Law  or  Equity  Courts,  and  that  there  is  no  National  or  Provincial 
Bank  in  said  Province. 

In  testimony  ,  I  have  hereto  ray  hand  and  notarial 

[l.  s.]     seal  set  and  affixed,   this  fifteenth   day  of   January, 
A   D    1873 

HENRY  A.  GRANTHAM, 
Notary  Public,  Yarmouth,  Nova  Scotia. 


rUOVINCE  OF  ONTARIO, 


475 


PROVINCE  OF  ONTARIO. 


A  Synopsis  of  the  Law  and  Principal  Enactments  in  force  in 

THE    1  RftVINOE   OF    ONTARIO,   AFFECITNO    COMMERCE,    PROPERTY 

AND  Civil  Kiohts  in  the  Province. 


Compiled  by  J.  N.  Blake,  Esq.,  of  Toronto,  Ontario,  Bnn-ister  at  Law. 


Introduction.  —  Laws  in  Force. 

1.  As  regards  property  and  civil  rights,  the  laws  of  England  as 
they  stood  on  the  16th  day  of  October,  1792. 

2.  Imperial  statutes  of  jeofails,  of  limitations  and  for  the 
amendment  of  the  law,  except  those  of  mere  local  expediency, 
enacted  previous  to  the  17th  day  of  January,  1822.  In  both  of 
these  cases  modified  by,  1st.  Subsequent  acts  of  the  Province  of 
Canada,  of  the  Dominion  of  Canada,  of  the  Province  of  Ontario, 
and  imperial  statutes  wherein  Canada  is  especially  mentioned,  or 
affecting  the  general  interests  of  the  empire.  By  the  act  of  Con- 
federation which  constitutes  the  Dominion  of  Canada,  the  power 
to  legislate  as  to  criminal  law,  insolvency  an  1  other  matters 
affecting  the  whole  Dominion,  is  reserved  for  the  Dominion  legis- 
lature, and  the  power  to  enact  laws  respecting  property  and 
civil  rights,  and  administration  of  justice,  is  granted  to  the  provin- 
cial legislatures. 

Courts  of  the  Province. 
Superior  Courts  —  Jurisdiction. 
Court  of  Error  and  Appeal  has  a  general  appellate  jurisdic- 
tion.    In  certain  cases,  however,  suitors  have  a  right  to  appeal 
ultimately  to  her  majesty  in  privy  council. 
Court  of  Queen's  Bench.— All  actions,  causes  and  suits,  crirai- 


470 


PliOVrXCK  OF  ONTAlilO. 


M 


mil  and  civil,  real,  poraomil  aiul  mixuil,  aiul  ulso  i;i  luutturn 
relating  to  the  rovfiiiiio. 

Court  of  Vhancanj. — Sitiiilar  jnrirt<1i(!ti()n  to  that  of  tlio  Cniirt 
of  Chaiu'cry  in  Eiij^'land,  aiul  :o  that  of  tho  Court  of  ^^^i(•h^•(|lH!^. 

Conrt  of  Common,  Pleas.— Um  oo-ordiiuito  juriBdictiun  with 
the  Court  of  Qiieen'8  Hench. 

Heir  and  Devisee  Court. — Dotenniiiin^  coiiHictiiig  claiiim  to 
iiiil)atiMiti'd  hinds,  Wy  an  act  recently  passed  by  tho  Ontario 
legirtlature,  "for  the  hettor  administration  of  justice  in  the  coiu'ts 
of  Ontario,"  important  changes  have  been  made  in  the  relative 
position  of  tho  courts  of  c(piity  and  conmion  law  tending  to 
tlieir  consolidation.  Tho  net,  however,  does  not  take  oti'ect  until 
the  let  of  .lanuary,  1874. 

Inferior  Courts. 

Connty  Court. — In  all  jiersonal  actions  where  tho  debt  or 
damages  claimed  do  not  exceed  $200.  In  all  suits  relating  to 
debt,  covenant  and  contract,  where  the  amount  is  ascertained  by 
the  act  of  tho  parties,  or  written  aeknowlodginent  of  defendant 
to  $400,  and  to  all  bail  bonds  and  recognizances  of  bail  given  in 
County  Court  to  any  amount  in  jiroceedings  against  overholding 
teiuxnts,  but  not  in  cases  involving  titles  to  lands,  validity  of 
wills,  libel,  slander,  criin.  con.  or  seduction. 

Insolvent  J)ehtor''s  Court. — Jurisdiction  is  given  to  the  County 
Court  as  to  idl  proceedings  respecting  assignments  for  benelit  of 
creditors  and  winding  up  of  insolvent  estates  by  insolvency  act 
(which  applies,  however,  to  traders  only). 

Surrogate  Courts  have  jurisdiction  in  matters  respecting  the 
granting  of  probate  and  letters  of  administration. 

Division  Court. — Actions  of  debt  or  contract,  where  tho 
amount  is  ascertained,  amounting  to  $100;  injuries  or  torts  to 
persoiud  chattels  to  forty  dollars  ;  personal  actions  to  that  aiuouiit 
if  not  excepted  from  jurisdiction  ;  not  to  actions  for  gambling,  or 
tavern  debts ;  ejectment  title  to  laud ;  and  on  any  toll,  custom  or 
franchise,  will,  or  settlement,  malicious  persecution,  libel,  slander, 
crim.  con.,  seduction,  breach  of  promise,  or  actions  against  a  J.  P. 
for  anything  done  by  him  in  execution  of  his  oftice,  if  ho 
objects. 


rr«-t 


VliO  VINCE  OF  ONTAIiH). 


477 


Iho  i:j  iiiuttor!) 


0  tlio  (lol)t  or 


SkKTOII   (»F   CoMMKKCIAr,    Law. 

In  tlic  followin^r  skotcli  the  iihl.ivviutioiiH  iiHcd  are  C.  S.  IF  0  — 
C.;i.rt(.ll,lat.Hl  St.ituto8,  Upper  Cu.mdu;  (j.  S.  am.=:=(JonHuI.'stat- 
utOH,  CHiuula  (both  cotiBoIidatod  in  1H5!>).  Tho  8tutnti.s  of  tho 
1  ruvnico  und  Dominion  of  (j.inada  arc  diHtin^Mii.slKMl  by  tho 
addition  "Can."  Tl.oHoof  the  I'rovincc  of  Ontario  (con.n.Jndnir 
18«7-1H(IH),  by  tho  letters  "  ( )„t."  ^ 

Xvanim  MKTWKKN  I»AUTNKi«.-The  ri^dit  to  a,.  a.'cnunt  as 
l.ot\vcen  i.artners  cat.  be  enforced  in  courts  of  law,  but  the  Court 
ot  Chancery  is  generally  resorted  to. 

Akkimavith,  to  be  used  in  Ontario,  may  bo  made  before  any 
commiHHioner  in  En-land  authorized  by  the  lord  chancellor  or  a 
notary  public  un.ler  his  oCicial  seal,  or  before  tho  n.ayor  or  chief 
iimKiHtrato  of  any  city,  borough  or  town  corporate  in  Great 
nnta.n  or  Ireland,  or  any  colony,  or  in  any  foreign  country,  and 
ccrtihed  u.uh.r  tho  common  seal  of  such  city,  borough  or  town 
corporate,  or  before  a  j.nlge  of  any  court  of  supreme  jurisdiction 
m  any  colony  without  Camula,  or  cousuhir  agent  ,.f  her  majesty 
c-xorcismg  his  functions.  (3i  Vict.,  c.  U  [Ont.].)  Tho'  seal 
and  signature  to  such  atHdavits  need  not  be  proved. 

A(n.:x()Y.  Seo.4.«(  to  Dealing  to ith  Agents.  See  Factors. 
AMKNfl.-13y  31  Vict.,  e.  m,  every  alien  who,  after  a  con- 
tu.ued  residence  in  the  Province  for  throe  years  or  upward,  takes 
the  oaths  of  residence  and  allegiance  and  procures  same  to  bo 
ii  cd,  shall  enjoy  and  may  transmit  all  tho  rights  and  capacities 
ot  a  natural-born  subject.  Hy  C.  S.  Can.,  c.  3,  §  9,  every  alien 
has  the  same  powers  as  to  real  estate  as  subjects  of  her  majesty 
J}y  tho  connnon  law,  alie!i  friends  have  a  right  to  trade  on  the 
same  footing  as  her  maj'esty's  subjects. 

ATTAouMKNT.-By  C.  S.  IJ.  C.^  c.  25,  an,'  person  resident  in 
Ontario  who  may  be  indebted,  and  departs  from  the  Province  in 
order  to  defraud  his  creditors,  and  is  possessed  of  any  real  or  ])er- 
sonal  property,  is  deemed  an  absconding  debtor,  and  his  i)roperty 
may  be  attached  by  writ  of  attachment.  In  superior  courts  this 
writ  is  obtained  on  affidavit  of  the  tacts  by  any  creditor  who  has 
a  claim  over  $100,  and  a  further  affidavit  made  by  two  persons 
m  support.  All  the  property,  credit  and  effects  of  the  debtor 
may  bo  attached  under  the  writ  and  sold.    Where  there  are 


ii 


Urn  4 


478 


PJiO  VIiYCF  OF  ONTARIO. 


several  writs,  the  property  is  distributed  ratably  among  such  of 
the  attaching  creditors  as  obtain  judgments. 

Apprentioes.— Minors  over  sixteen  may  bind  themselves,  or 
parents  or  guardians  of  minors  not  under  fourteen  may  bind  such 
minors  with  their  consent.     (C.  S.  U.  C,  c.  76.) 

Bills  of  Exchange. — Acceptances  of  bills  must  be  in  writino- 
on  the  bill.  The  rate  of  damages  on  dishonored  foreign  bills 
drawn  on  any  person  in  Europe  or  the  West  Indies,  ten  per  cent. 
If  in  British  colonies,  in  America  or  the  United  States,  four  per 
cent  on  principal  sura.  Interest  is  allowed  in  these  cases  on  the 
amount  for  which  the  bill  was  drawn,  from  time  of  protest  to 
day  of  repayment.  In  the  case  of  foreign  promissory  notes, 
damages  and  interest  at  six  per  cent  may  be  recovered. 

Protest  of  inland  or  foreign  bills  or  notes  may  be  made  on  the 
day  of  dishonor.  In  neither  case  is  it  absolutely  necessary. 
Notice  of  protest  may  be  sent  through  post.  Three  days  of  grace 
are  allowed,  and  when  the  last  falls  on  a  non-juridical  day,  bills  or 
notes  juay  be  presented  on  the  day  following.  An  indorsement 
or  memorandum  of  any  payment  written  on  a  bill  or  note  by  the 
payee  does  not  take  out  of  the  statute  of  limitations. 

Bill  of  Lading.— By  33  Vict,  19,  rights  of  action  pass  to  the 
indorsee  of  a  bill  of  lading.     Formerly  the  assignment  transferred 
the  property,  but  not  right  to  sue  on  the  contract. 
Bill  of  Sale.     See  Chattel  Mortgage. 

Caebiers. — The  common-law  liability  remains— that  is,  respon- 
sibility for  all  losses  by  any  cause  except  act  of  God  or  of  the 
Queen's  enemies.  Unusual  stipulations  do  not  prevent  liability, 
unless  brought  to  knov/ledge  of  shipper,  nor  if  concealment  of 
stipulations  led  to  destruction  of  the  goods.  Even  then,  if  car- 
rier be  guilty  of  negligence  or  misconduct,  he  is  liable  for  the 
full  value ;  and  in  any  case,  he  is  liable  for  the  apparent  value  of 
the  goods  shipped.  There  is  no  statute  limiting  the  liability  of 
land  carriers  in  Ontario. 

Common  carriers  by  water  are  liable  to  the  same  extent  as 
those  by  land,  with  tlie  additional  exceptions,  however,  of  perils 
of  the  sea  and  navigation.  This  liability  is  usually  restricted  by 
express  stipulation  in  the  contract  of  affreightment,  whether  by 
charter-party  or  by  general  ship.    Imp.  act,  17  and  18  Vict.,  c. 


imong  such  of 


PRO  VINCE  OF  ONTARIO.  470 

104,  also  limits  the  liability  of  such  carriers.  By  section  503  it 
provides  against  liability,  unless  goods  lost  were  inserted  in  bill 
of  lading;  and  section  504  limits  liability  of  ship-owner  to  the 
value  ol  the  ship  and  the  freight  due  or  to  grow  due  in  respect 
01  it  during  the  voyage. 

Chattel  Mortoages.  C.  S.  U.  C,  c.  44.-Mortgage8  of  goods, 
not  attended  with  change  of  possession,  must  be  registered  or 
else  be  void  against  creditors.  An  affidavit  of  execution  and  of 
the  mortgagee,  as  to  the  genuineness  of  the  transaction,  must 
also  be  registered.  Every  such  mortgage  must  be  renewed  within 
thirty  days  next  preceding  the  expiration  of  one  year  from  the 
day  of  iihng  or  renewing  of  such  mortgage.  Certain  statements 
and  affidavits  are  required,  which  should  be  carefully  attended  to. 

Contracts,  Ratification  of.     See  Ratification. 

CoRPORATioNS.-By  C.  S.  U.  C,  c.  90,  corporations  aggre- 
gate may  take  and  convey  land  by  bargain  and  sale  in  the  same 
manner  as  individuals. 

CopyKiaiiT.-The  only  persons  entitled  to  copyright  in  Canada 
are     any  person  resident  in  Canada,  or  any  person  being  a  Brit- 
ish subjecc  and  resident  in  Great  Britain  or  Ireland."     31  Vict 
c.  54  (Can.).  ' 

EvmKNCE.-By  33  Vict.,  c.  13  (Ont.),  the  parties  to  a  suit  are 
competent  and  compellable  witnesses ;  and  by  an  act  of  the  last 
session,  husband  and  wife  are  competent  and  compellable,  except 
as  to  communications  made  during  marriage. 

Factors.-(7  ^>.  Can.,c.  59,  contains  the  following  provisions 
as  to  dealing  with  agents  :  Any  person  may  deal  witli  an  agent, 
and  the  contract  shall  be  binding  on  the  principal.  Agents  are 
to  be  deemed  owners  for  ^our  purposes:  1.  To  make  a  sale  or 
contract.  2  lo  entitle  a  consignee  of  goods  consigned  by  him 
to  alien  3.  To  give  validity  to  any  pledge,  lien  or  security 
made  with  such  agent  on  the  security  of  the  goods ;  and,  4.  To 
make  such  contract  binding  on  the  owner  of  the  goods,  notwith- 
standing the  person  claiming  had  notice  he  was  contra^ing  only 
wi  an  agent  Further,  all  lona  fi.le  loans,  advanced  and 
exchanges  made  with  agents  shall  bind  owners,  provided 
there  be  no  notice  of  dealing  without  authority.  Any  a-^eut 
mtrusted  with  documents  of  title,  such  as  in  ordfnary  co'ursf  o 


480 


PRO  VINCE  OF  ONTARIO. 


i   t 


"■p 


business  are  deemed  to  be  proof  of  possession  of  goods  (for  exam- 
ple, bills  of  lading,  wluirlinger's  receipts,  etc.),  is  deemed  to  be 
intrusted  witli  the  possession  of  the  goods  rejiresented  by  each 
document  of  title,  and  contracts  for  a  lien  founded  thereon  are 
valid. 

Foreign  Insurance  Companies  are  required  by  31  Vkt.^  c. 
48  {Cai\.\  not  only  to  deposit  $50,000  with  the  receiver-general, 
on  which  a  license  will  be  issued,  but  also  every  foreign  stock  com- 
pany must  have  at  least  $100,000  unimpaired  capital,  of  which 
the  above  deposit  is  reckoned  as  part.  Annual  statements  are 
required  to  be  laid  before  the  minister  of  finance. 

Foreign  Judgments  are  proved  by  an  exemplification  of  the 

same  under  the  seal  of  the  court  which  delivered  them.     Jjy  23 

Vict,  c.     ,  in  many  suits  on  foreign  judgments  any  defence  can 

be  pleaded  that  was  set  up  or  might  have  been  set  up  to  the 

original  suit. 

Fraudulent  Preferences.     See  Insolvency. 

Grace,  Days  or.    See  Bilh  and  Notes. 

Guaranties  must  be  in  writing ;  but  by  23  Vict.,  c.  45 
(Can.),  the  conside-'ation  for  promises  to  answer  for  the  debt, 
defaxdt  or  miscarriage  of  another  need  not  appear  in  writing. 

Hiking  and  Service. — No  voluntary  contract  of  service  or 
indentures  to  be  binding  longer  than  nine  years  ;  verbal  as  well 
as  written  agreements  are  binding,  but  verbal  ones  shall  not 
exceed  the  term  of  one  year. 

Insolvency. — Insolvent  act  of  1869  (32,  33  Vict.,  c.  10)  applies 
to  traders  only. 

Assiijnment  is  made  either  voluntarily  or  by  coercion.  First. 
Voliontarikj,  by  deed  executed  by  the  debtor  to  an  official  assig- 
nee, called  the  interim  assignee.  lie  notifies  tlie  creditors,  to 
meet,  and  furnishes  the  meeting  with  a  schedule  of  liabilities 
and  assets.  The  insolvent  must  attend  meetinir  for  examination 
by  creditors.  An  assignee  is  then  appointed  by  the  creditors, 
who  takes  possession  of  the  estate.  Second.  By  Coercion;  a 
debtor  is  deemed  insolvent  and  is  liable  to  compulsory  liquida- 
tion in  the  following  cases:  1.  If  he  absconds.  2.  If  he  secretes 
or  is  immediately  about  to  secrete  any  part  of  his  estate  and 
effects.     3.  If  he  fraudulently  assigns  his  property.    4.  If,  with 


PROVINCE  OF  ONTARIO. 


481 

propel  ty  to  be  seized  under  execution.     5.  If  he  has  been  actunlly 
.mpnsoned  on  a  civil  action  on  contract  for  ,^re  than  t  i    ,' 

exan^ined  ^^.^^^^l^^^l  V;;''^--^^'-  -fuses  to  appear  and  to  bo 
examined.     7.  If  he  willfully  neglects  or  refuses  to  obey  the  order 
or  decree  ot  the  Court  of  Chancery.     8.  If  he  has  madf  any  gene 
ral  conveyance  tor  the  benelit  of  his  creditors.     9.  If  he  ifenuits 
any  execution  issued  against  him  to  remain  unsatisfied  till  w  S 

On  pi  oof  of  the  above  facts  a  writ  of  attachment  (returnable 
in  thirty  days)  is  issued  for  the  seizure  of  the  estate  and  effec  ! 
of  the  debtor  and  three  days  after  the  return  day  of  the  writtt 
judge  may  order  a  meeting  of  the  creditors  to  be  called,  aTwhch 
an  assignee  is  appointed.  At  such  meeting  an  offer  of  col^ 
tion  may  be  made,  which,  if  accepted,  end^the  proceeding 

noifce  r  '^fr^T-^^''  ''''^''''^  ^"  '"«  appointment  gives 
notice  thereof  by  advertisement,  and  must  obey  instructions  of 

t  e  affairs  of  the  insolvent  by  the  sale,  in  a  prudent  manner  of 
airea  estate  of  all  bank  and  other  stocks,  and  of  alH  o"   ble 
belonging  to  him,  and  by  the  collection  or  sah  of  all  de^r    He 
may   sue  for  debts   due   to   insolvent,  and  distribute  ^onls 
reditors  ratably,  moneys  come  to  his  hands.     The  claims  whfc 
rank  on  the  estate  are  all  debts  due  by  the  insolvent  at  the     me 
of  hismsolvency;  any  contingent- claim  is  reserved  for  tlL  con 
sideration  of  the  assignee.     After  declaration  of  final  divid  nd" 
failure  of  assets,  the  assignee  may  prepare  his  final  accoun     and 
he  insolvent  petition  for  his  d^-scharge.    Dividends  are  de   ared 
at  intervals  ot  three  months. 

tlnfr'^lr  f  y^^^^^-Gratnitous  contracts  made  within 
tl     e  months  o    insolvency  are  presumed  fraudulent  and  v    d 
while  those  made  for  a  consideration  within  thirty  days  befoi^ 
"solvency  vo.d.ble,  and  generally  all  contracts  madl  wi  1  inte 

Lzrr^or-^ '''''''"' '-''  ^-^^^^^^  ^^  i->-r 

^    Composition  and  Discharge.-K  deed  executed  by  maforitv 
m  number  of  creditors,  who  have  claims  for  sums  of  S      J 
upward  and  who  represent  three-fourths  in  value  of  the  iLilit  es 
binds  all  the  re.t.    Consent  of  creditors,  as  expressed,  absok  ty 


482 


PRO  YINCE  OF  ONTARIO. 


discharges  the  insolvent,  except  as  to  certain  debts  specially 
named.  The  insolvent  may  file  the  deed,  and  give  notice,  by 
advertisement,  of  his  intention  to  ask  for  confirmation ;  if  ho  does 
not,  a  creditor  may  notify  him  to  do  so. 

Interest. — The  legal  rate  is  six  per  cent.  More  than  six  per 
cent  is  not  allowed  on  any  contract  for  loan  of  any  moneys,  wares, 
merchandise  or  any  other  commodities ;  except  that  any  person 
may  stipulate  for,  allow  and  exact  on  any  contract  or  agreement 
any  rate  of  interest  or  discount  which  may  be  agreed  upon. 
Banks  must  not  take  more  than  seven  per  cent,  with  a  certain 
additional  per  centage  for  discounting  elsewhere  than  wbere 
payable ;  on  debts  certain  and  over  due,  if  payable  by  virtue  of  a 
written  instrument  at  a  certain  time,  interest  may  be  allowed 
from  the  time  when  such  debt  became  payable ;  if  otherwise, 
from  a  demand  informing  that  interest  would  be  claimed. 

Joint  Contractors. — The  effect  of  absence  from  Ontario  is  con- 
sidered under  Limitations^  which  see. 

Lien  of  Mechanics. — By  the  "  Mechanics'  Lien  Act  of  1873," 
mechanics,  machinists,  builders,  miners,  contractors  or  other 
persons  working  on  or  furnishing  materials  for  buildings,  have  a 
lien  on  such  buildings  to  the  value  of  such  work  or  materials. 
No  lien  exists  until  a  statement  of  claim  is  registered  before  or 
during  the  progress  of  the  work,  or  within  one  month  fi'om  the 
completion  thereof. 

Limitations. — All  actions  of  account  or  for  not  accounting, 
and  suits  for  such  accounts  as  concern  trade  or  merchandise 
between  merchant  and  merchant,  their  factors  and  servants,  shall 
be  commenced  within  six  years.  Tiie  absence  from  the  Province 
of  one  joint  debtor  does  not  extend  the  time  as  against  the  other ; 
nor  is  a  judgment  against  the  one  who  remained  in  the  Province 
a  bar  to  an  action  against  the  one  who  was  out  of  it.  (26  Yict.^  c.  45.) 
Actions  of  debt  on  demise,  of  covenant  or  debt  on  a  specialty,  of 
debt  or  "  scire  facias,^''  on  a  recognizance  of  debt  on  an  award, 
are  to  be  commenced  within  twenty  years.  Disabilities  of  non- 
age, coverture,  mental  imbecility  give  same  time  as  if  there  were 
no  impediment.  Written  acknowledgment  or  part  payment  by 
the  debtor  or  his  agent  takes  out  of  statute  and  causes  time  to 
run  from  such  acknowledgment.  {See  C.  S.  U.  C,  c.  78,  §  9,  a/nd 
26  Vict,  c.  45.) 


PROVINCE  OF  OWTABIO.  483 

In  the  Case  of  Realtt.— No  land  or  rent  can  be  recovered 
but  witlim  twenty  years  from  the  accruer  of  cause  of  action.    In 
the  case  of  lands  granted  by  the  crown  and  not  cultivated  or 
improved,   forty  years.      Persons   under  disability   of  infancy, 
lunacy  or  coverture,  and  their  representatives,  are  allowed  ten 
years  additional  from  the  termination  of  their  disability,  but  no 
action  shall  be  brought  by  any  such  persons  unless  within  forty 
years  after  the  right  of  action  first  accrued. 
^   Married  WoMEN.-By  35  Vict.,  c.  16  {Ont),  personal  earn- 
ings of  murried  women  are  protected.    They  may  insure  their 
own  or  their  husbands'  lives,  may  hold  stocks,  deposit  and  cheque 
out  of  banks,  and  may  maintain  actions  in  their  own  names  for 
their  separate  property.     By   "The  Married  Woman's  Real 
Estate  Act,  1873,"  every  married  woman  over  twenty-one  may, 
with  her  husband's  concurrence,  convey  real  estate,  or  any  interest 
therein,  and  release  or  extinguish  powers  as  fully  and  eJBPectually 
as  if  she  were  unmarried. 

Master  and  Servant.— Servant  may  be  remunerated  with 
share  of  profits  without  having  rights  and  liberties  of  partnership. 
Mortgage  of  Smps.     See  Shipping. 

PARTNEESHip.-By  0.  S.  C,  60,  limited  partnerships  are 
allowed  in  which  the  special  partners  are  not  to  be  liable  for  the 
debts  of  the  partnership  beyond  the  amounts  contributed  by 
them  to  the  capital.  No  part  of  sum  so  contributed  shall  be 
withdrawn  during  the  continuance  of  the  partnership,  but  the 
special  partner  may  receive  interest,  and,  if  there  are  profits,  a 
share  of  the  profits. 

PaHner8hip.~RQgi%tr&i\on  of,  required  by  34  Vict.,  c.  20, 
within  six  months  after  formation  of  partnersliip,  restricted  to 
mercantile,  mining  and  manufacturing  partnerships. 

Patent,  who  may  Obtain.— Any  person  having  been  resident 
in  Canada  for  one  year  before  application. 

Ratification  of  Contracts.— By  C.  S.  U.  C,  c.  44,  any  ratifi- 
cation  of  a  promise  made  during  nonage,  to  be  binding,  must  be 
made  by  some  writing  signed  by  the  party  to  be  charged  there- 
with. 

See  Further  Limita  l.n^. 

Representations.— By  §  10  of  C.  S.  U.  C,  c.  44,  in  order  to 


iMti 


484 


phovince  of  Ontario. 


render  a  person  liable  for  representations  regarding  character, 
credit,  etc.,  same  must  be  in  writing,  signed  by  the  party  to  be 
charged  therewith. 

Shipping. — (J.  S.  Can.,  c.  41,  enacts  that  to  secure  the  rights 
of  property  in  colonial  vessels  navigating  the  inland  waters  of  the 
Province,  and  not  registered  as  British  vessels,  and  to  facilitate 
transfers,  and  to  prevent  fraudulent  transfers,  all  persons  claim- 
ing property  in  any  vessel  over  lifteen  tons  shall  register  their 
ownership  in  manner  provided  by  act.  Vessels  are  deemed 
to  belong  to  some  port  and  to  be  so  registered.  Property  in 
vessels  must  be  transferred  by  bill  of  sale  or  other  instrument 
ill  writing,  and  is  to  be  divided  into  sixty-four  equal  parts,  and 
not  more  than  thirty-two  persons  can  be  owners  of  a  ship  at  one 
time.  Priority  is  gained  by  indorsement  on  the  certificate  of 
ownership  granted  by  the  collector  of  the  port  to  which  the  ship 
belongs.  When  a  transfer  is  made  by  way  of  mortgage  the 
transaction  is  so  registered,  and  the  mortgagee  is  not  be  deemed 
an  owner. 

Stamps  on  Bills  and  Notes. — By  31  Vict.,  o.  9,  for  $25, 1  cent ; 
for  $50  and  over  |25,  2  cents ;  for  $100  and  6ver  $50,  3  cents ; 
each  fraction  over  $100,  3  cents ;  on  drafts  and  bills  in  duplicate 
2  cents  for  each  $100,  or  fractional  part  of  $100 ;  if  in  more  parts 
than  two,  on  each  $100,  and  on  each  fractional  part  of  $100,  1 
cent. 

Sureties  on  payment  of  principal  debt  have  a  right  to  have 
assigned  every  judgment,  specialty  or  other  security  held  by  the 
creditor,  and  to  aU  remedies  on  such  assignment.  (26  Vict.,  c. 
45,  §§  2,  3.) 

Usury. — There  are  no  usury  laws  in  Ontario. 

For  the  rates  of  interest  allowed,  see  Interest. 

Wills,  to  pass  realty,  must  be  in  writing,  and  executed  by 
the  testator  or  by  some  one  under  his  express  direction,  and 
in  his  presence,  before  two  or  more  witnesses  who  shall  sign  in 
the  presence  of  each  other.  Personalty  may  be  bequeathed  by 
any  instrument  in  the  testator's  handwriting.  The  law  as  to 
wills  has  been  to  some  extent  changed  by  the  "  Ontario  Wills 
Act  of  1873,"  which,  however,  does  not  come  into  force  until  the 
first  of  January,  1874. 


;  be  deemed 


PROVINCE  OF  ONTARIO.  485 

WEirrEN  Acknowledgments.— C.  aS'.  U.  C,  c.  44,  and  26  Vict., 
c.  45.  In  all  actions— 1st.  Of  account  and  on  the  case,  other  than 
such  accounts  as  concern  trade  or  merchandise  between  merchant 
and  merchant,  their  factors  and  servants ;  2d.  In  all  actions  on 
snnple  contract,  or  on  debt  not  secured  by  specialty,  and  in  all 
actions  for  arrears  of  rent,  a  written  memorandum  or  kcknowledg- 
ment  of  indebtedness  is  required  to  take  the  case  out  of  the 
Statutes  of  Limitation.  No  joint  contractor  shall  lose  the  bene- 
fit of  the  Statute  of  Limitation  by  reason  of  a  written  acknow- 
ledgment signed  by  the  other,  and  even  if  barred  as  to  some  the 
plaintiff  may  recover  as  to  the  others.  The  statute  applies  as 
to  set-off. 

Written  Memoeandtjm.— Contracts  respecting  anything  of 
greater  value  than  £10  are  void  unless  part  of  goods  are  accepted 
by  buyer,  or  he  pays  a  portion  of  the  purchase-money,  or  unless 
some  note  or  memorandum  of  the  bargain  is  made'  in  writint^ 
and  signed  by  the  party  to  be  charged  therewith.  * 


486 


PROVINCE  OF  ONTARIO. 


I  Win;! 


PROVINCE  OF  ONTAKIO. 


iiilS.?: 


BARBIE— Barrie  County. 
McCarthy  &  McCarthy, 

D'Ajlton  McCarthy. 
D'Altox  McCaktiiy,  Jr. 

BATH—  (and  other  towns  in)  Adding^ton  County. 
W.  8,  Williams  (official  assignee  and  P.  O.,  Napanee,  Ont.). 

Bank  of  British  North  America,  « 
Napaneb,  Qth  May,  ISTS.         j 
Tfie  Managing   Off,ce  of  the  International  Merchants'  Protective 
law  Association,  74  State  Street,  Albany,  N.  Y. 
Sir. —  I  have  had  occasion  to  employ  Mr.  W.  S.  Williams  as  an 
attorney  for  this  bank  on  several  occasions,  and  have  always  found 
him  well  qualified  to  undertake  any  legal  business  intrusted  to 
him.     Mr.  Williams  is  prompt  and  faithful  in  the  interests  of  his 
clients;  and  I  have  much  pleasure  in  according  this  testimonial. 

I  am,  yours  faithfully, 

B.  BRUKUS,  Agent. 

BRAMPTON— Peel  Coimty. 
George  Green. 

This  is  to  certify  that  Mr.  George  Green,  of  the  town  of  Brampton, 
in  the  county  of  Peel,  and  Province  of  Ontario,  barrister  and  attor- 
ney at  law,  has  been  well  known  to  me  for  the  last  twelve  years  in 
the  practice  of  his  profession.  I  have  always  found  him  reliable  in 
money  matters  and  punctual  and  attentive  in  his  business.  He  has 
a  respectable  professional  standing. 
Brampton,  County  Peel,  lUh  April,  1873. 

A.  F.  SCOTT, 
Judge  County  Court,  County  Peel. 


PRO  VINGE  OF  ONTARIO. 


487 


BRANTFOBD — Brantford  County. 

B.  F.  Mtch. 

Bbanxpoed,  February  18,  1873. 
o.  r.  Knk BLAND,  Esq.: 

My  Dbab  Sib.— B.  F.  Fitch,  Esq.,  has  been  in  practice  here  for 
some  years,  and  has  attained  an  excellent  reputation  for  integrity, 
ability  and  careful  attention  to  the  interests  of  his  clients. 

S.  READ, 
Manager  Bank  of  Montreal. 

BELLEVILLE  —  Hastings  County. 
MacLeUan  &  MacLellan, 

Archibald  L.  MacLellan. 
DuNOAN  MacLbllan. 

Judges'  Chambers,  Bellbvillk,  Ontabio,  ) 
Dominion  of  Canada,  2'dth  Ju«.,  1873.      J 

I  have  known  Messrs.  MacLellan  &  MacLellan  of  this  place  for 
several  years.  They  stand  very  high  in  their  profession  as  attor- 
neys,  solicitors,  etc.,  in  Ontario,  and  are,  I  believe,  well  qualified  to 
undertake  any  legal  business  entrusted  to  them. 

J.  M.  SHERWOOL,  Judge  of  the  County  Court 
of  the  county  of  Hastings  {formerly  Her  Majesty^a 
Meceiver-  General  for  the  Province  of  Canada). 

CALEDONIA— Haldimand  County. 
Wm.  B.  Furlong. 

To  all  whom  it  may  concern  : 

I  have  employed  Wm.  E,  Furlong  as  my  solicitor  and  attorney 
in  several  suits,  and  have  found  him  prompt  and  reliable,  and  an 
able  and  successful  lawyer. 

R.  KIERNAN. 

Caledonia  Woolen  Mills,  January  20th,  1873. 

2h  all  tohom  it  may  concern : 

I  have  known  W.  E.  Furlong,  barrister  and  attorney  at  law, 
residing  and  practicing  law  at  Caledonia  for  a  number  of  years, 
and  have  pleasure  in  stating  that,  in  my  opinion,  he  is  an  able  law- 
yer and  a  reliable  man. 

E.  B.  WOOD,   Queen's  Counsel 
{formerly  Treasurer  of  Ontario,  Canada). 
Toronto,  Jamiary  11th,  1873. 


488 


PROVINCE  OF  ONTARIO. 


CHATHAM -Kent  County. 
MobeH  O'llara. 

This  may  certify  that  I  have  known  Robert  O'Hara,  Esq.,  harrifi. 
ter  at  law  and  master  in  chancery,  for  some  twelve  years,  and  that 
ho  has  always  been  distinguished  for  his  high  cimracter  and  attain- 
ments. 

WM.  B.  WELLS, 
Judge  Co.  and  Sur.  Cts.,  Co.  of  Kent,  Out. 
Chatham,  Mbmary  25th,  1873. 

COBOURQ- United  Counties  of  Northumberland  and 

Durham. 
Cochhurne  tC  Payne, 

I,  George  floras  Boswell,  of  the  town  of  Cobonrg,  judge  of  the 
county  court  of  the  united  counties  of  Northumberland  and  Dur- 
ham, certify  that  I  am  well  acquainted  with  the  firm  of  Cocliburno 
&  Payne,  barristers  at  law,  and  know  them  to  bo  iu  good  standinjj 
in  the  profession  hei*e. 

G.  M.  BOSWELL,  Judge  N.  and  D. 
Mbruary  19,  1873. 

COLLINGWOOD  — Simcoe  County. 
Henry  JRobertson,  L.  L.  B. 

The  Canadian  Bank  op  Commerce,  ) 
CoLLiNGWOOD,  Ont.,  Jan.  9,  1873.      \ 
I  have  known  Henry  Robertson,  Esq.,  L.  L.  B.,  barrister,  etc.,  for 
the  past  eleven  years,  and  have  much  pleasure  in  bearing  testimony 
to  his  general  good  character  and  ability. 

His  professional  standing  is  excellent,  and  any  business  intrusted 
to  him  is  attended  to  promptly  and  faithfully. 

JOHN  MACMASTER, 
Manager  Can.  Bank  of  Commerce. 

FERGUS  —and  adjoining  towns  in  Wellington  Co. 
Olivei'  &  MacDonald  (P.  O.  Guclph,  Ont.). 


PROVINCE  OF  ONTARIO. 


489 


JB8  intrusted 


ommerce. 


QODERICH  — Huron  County. 
S.  L.  Doyle. 

To  the  "  Internationaf  Merchants'  Protective  Law  Aasocintion  :'* 

I  have  much  pleaHuro  in  stating  that  I  am  well  acquainted  with 
B.  L.  Doyle,  Esq.,  barrister  and  attorney  at  law,  of  Godericrh, 
county  of  Huron,  Ontario,  and  that  he  is  a  gentleman  of  high 
standing  in  his  profession,  both  as  to  character  and  legal  ability. 

S.  BKOUGII,  Ju(l;/e,  County  of  Huron, 
March  24,  1873. 

aUELPH  — WeUington  County. 
Frederick  THseoe. 

I  hereby  certify  that  Mr.  Frederick  Biscoe,  barrister  at  law,  ia 
well  known  by  mo,  and  I  consider  him  a  respectable  and  safe  per- 
son to  intrust  with  any  professional  business. 
Dated  at  Guelph,  this  8th  day  of  January,  1873. 

A.  MACDONALD, 
Judge  of  County  Court,  County  of  Wellington. 

HAMILTON  —  Wentworth  County. 
Martin  &  Carnenlleti. 

Richard  Maktin. 

II.  Carscallen. 
(Extract  from  a  Letter  received  prom  Messrs.  M.  &  C.) 
"  In  regard  to  furnishing  testimonials   signeo  by  a  judge,  we 
would  say  that,  with  us  in  Canada  (or  rather  Ontario),  such  an  appli- 
cation would  be  deemed  very  improper,  but  we  can  give  you  many 
references  as  to  our  standing,  among  whom  are  W.  G.  Crawford 
Esq.,  Manager  of  the  Royal  Can.adian  Bank,  of  which  we  are  the 
solicitors  ;  Messrs.  E.  and  C.  Gurncy,  Iron-founders ;  William  M. 
McGiverin  &  Co.,  wholesale  Hardware  Merchants." 

DTGERSOLL  — Oxford  County. 
McCaiighey  i&  Walsh. 

Niagara  Districv  Bank,      ) 
Ingersoll,  Jammry  10,  1873.  f 
To  S.  F.  Knbeland,  Esq.,  Albany: 

Dear    Sir.  — I    hereby    certify    that    I   have    known    Messrs. 
McCaughey  and  Walsh,  barristers,  for  many  years;  that  they  are 


<!!l| 


*  I   I 


I  \ 


490 


PliO  VINCE  OF  ONTARIO. 


the  Bolicitors  for  the  Niagara  DiHtrict  Bank  here,  of  which  I  am  tho 
agent,  and  that  I  consider  them  competent  and  trustworthy  in  their 
profession. 

CHARLES  E.  CHAD  WICK,  Agent. 


KINO ABDINE  — Bruce  County. 
William  Penn  Brown. 

Mkrchants'  Hank  of  Canada,         \ 
KiNUABUiNB,  County  of  Beu(  i;,     C 
I'rovincb  of  Ontauio.  ) 
7b  whom  it  may  concern: 

I  have  had  occasion  to  use  William  Ponn  Brown,  Esquiio,  as 
solicitor  and  attorney  for  this  bank  on  many  occasions,  and  Jiavo 
found  him  well  qualified  to  undertake  any  legal  business  intrusted 
to  him.  Mr.  Brown  is  prompt  and  faithful  in  the  interest  of  his 
clients,  and  this  testimonial  is  very  cheerfully  accorded, 

T.  E.  P.  FRERE, 
Agent  Merchants'  Bank  of  Canada. 
Dated  at  Kincardine  this  13th  day  of  January,  A.  D.  1873. 

f 
KINGSTON  — Frontenao  County. 

Campbell  &  Macdonnell. 

Hon.  Alexander  Campbell,  Q.  C.  (Senator  and  Postmaster- 
General  of  Canada). 
G.  M.  Macdonnkll. 


LONDON  — Middlesex  County. 

JE,  Horton  (P.  0.,  St.  Thomas,  Ont.). 

(Extract  from  a  Communication  received  from  Mr.  Horton, ) 
*  *  "  I  did  not  send  the  County  .T^dpc's  certificate  as  to  char- 
acter, because  he  is  my  brother-in-law,  an-l  I  i/'ought  it  vould  not 
be  any  better  than  my  own.  lam  'Jc  o  .,  the  Molsuns  Bank, 
to  whom  you  can  refer,  or  you  can  refer  to  R.  G.  Dun  &  Co.,  of 
the  Mercantile  Agency,  in  Albany,  I  think. 

Yours  truly, 

E.  HORTON." 


PROYTNCK  OF  ONTARIO, 


401 


which  I  am  tho 
tworthy  in  thoir 

nCK,  AgmU 


INADA, 

f  Bbu(  i.^ 
V  Ontauio. 


vn,  EHquiio,  as 
sions,  and  have 
sinosB  intrusted 
intereBt  of  bis 
ded. 
IE, 

'e  of  Canada. 
,  D.  1873. 


id  Postmaster- 


!n.  HouTON.) 
:ate  as  to  char- 
it  it  ■would  not 
Molsons  Bank, 
Dun  &  Co.,  of 


HORTON." 


Wellington  County. 


MOUNT  FOREST 
J,  McFladyen. 

J.  MoFladgen  is  a  practicing  attorney  at  Mount  Forest,  in  tho 
county  of  Wellington.  I  believe  hira  to  be  well  qualified  to  trans- 
act any  legal  business  intrusted  to  him,  and  that  he  is  faithful  to 
tho  interests  of  his  clients. 

A.  MACDONALD, 
Judffe  County  Court,  County  of  Wellington. 
February  28,  1873. 

NAPANEB— Lfthox  County. 
8,  Gibson, 

Napankk,  January  7,  1873. 
This  ifl  to  certify  that  we  have  had  occasion  to  employ  S.  Gibson, 
Esq.,  in  Iuh  professional  capacity  as  barrister,  attorney  at  law  and 
Bolicitor  in  chancery,  etc.,  on  several  dccasions,  and  have  found 
him  well  qualified  to  undertake  any  legal  business  intrusted  to  him. 
Mr.  G.  is  prompt  and  faithful  in  the  interests  of  his  clients,  and 
this  testimonial  is  very  cheerfully  accorded. 

GRANGE  &  BROTHERS, 

Druggists  and  Exchange  Brokers. 
JOHN  T.  GRANGE, 

M.  P.  P.,  Lenox  County, 

This  is  to  certify  that  Mr.  S.  Gibson  is  a  barrister,  attorney  at 
law,  solicitor  in  chancery  and  insolvency,  in  good  standing  in  the 
practice  of  his  profession,  at  Napanee,  in  the  Counties  of  Lenox 
and  Addington,  and  well  qualified  to  undertake  any  legal  business 
intrusted  to  him. 

WM.  H.  WILKINSON, 
Judge  for  the  Counties  of  Zenox  and  Addington. 
Napanbe,  Januarg  9,  1873. 

NIAGARA  — Lincoln  County. 

Geo.  B,  Boyle, 

Niagara,  Ont.,  Canada,  Jan.  15,  1873. 
To  whom  it  may  concern : 

We,  the  undersigned,  do  hereby  testify  that  we  know  and  are 
well  ac(iuainted  with  George  B.  Boyle,  Esq.,  barrister  and  attorney 
of  this  town,  and  do  cheerfully  certify  to  his  undoubted  moral 


492 


PROVINCE  OF  ONTARIO. 


I 

m 


If 

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r 

?i 

1 

■1 

i 

^HBilS' 

'  t 

■ 

X^^^^Sp^fw   ^  ' 

, 

1 
i 

^^^^HMM|EH|M»rji 

^m 

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I 

li 

ik.,  . 

i 

worth  and  his  professional  carefulness  and  ability  in  the  interests  of 
his  clients. 

HENRY  PAFFARD,  J.  P.,  Mayor  Town  of  Nlanara 
GEO.  A.  CLEMENT,  ^  P.  ' 

WM.  McMURRAY,  D.  D.,  J).  C.  Z.,  Rector  of  magara 

and  Rural  Dean. 
ROBT.  WARREN,  Postmaster  Niagara. 
Janury  1.5,  1873, 

ORANGBVILLE- WeUington  County  and  County  of 

Halton. 
J.  Pardon  Cummins  (P.  O.,  Brampton,  Ont.). 
Recommended  by 

JAMES  AUSTIN,  Prest  Dominion  Bank. 

OSHAWA  — Whitby  County. 
Lyman  JEhiglish. 

OTTAWA— Carleton  County. 
Michard  A.  Bradlefj. 

Ottawa,  Canada,  January  10,  1873. 
To  all  whom  it  may  concern : 

This  is  to  certify  tliat  I  am  well  acquainted  with  Mr.  Richard  A. 
Bradley  of  this  city,  solicitor,  etc.,  and  I  hereby  cheerfully  recom- 
mend him  to  the  public  as  a  genlleman  well  qualified  to  undertake 
any  legal  business  intrusted  to  him,  believing  him  to  be  prompt 
and  faithful  in  the  interests  of  his  clients. 

C.  W.  ARMSTRONG, 

Judge  of  the  County  Court  of  Carleton  County. 

OWEN  SOUND  —  Grey  County. 
Creasor  &  Moyrison. 

To  whom  it  may  concern : 

I  am  well  acquainted  with  the  law  firm  of  Creasor  and  Morrison, 
of  this  place,  and  have  ple-^sure  in  stating  that  they  are  well 
qualified  to  undertake  any  legal  business  intrusted  to  them,  and 
that  they  are  prompt  and  faithful  in  the  interests  of  their  clients. 

HENRY  MACPIIERSON, 

County  Judge  Grey  County. 


PROVINCE  OF  ONTARIO. 


inion  Bank, 


493 


PARIS  — Brant  County. 
ITenry  Hart. 

Bank  of  British  North  Ambrica,  ) 
Paris,  Out.,  January  16,  1873.      j 
S.  F.  Knekland,  Esq.,  Albany,  N.  T.: 

Sir.— I  have  much  pleasure  in  certifying  that  Mr.  Henry  Hart, 
lawyer,  of  this  jjlace,  is  res])ectable  and  is  well  regarded  by  his  pro- 
fessional bretliren  as  well  as  by  the  general  public. 
Your  obedient  servant, 

JOHN  CARNEGIE,  Agent. 

PEMBROKE  —  Renfrew  County. 
Michael  O^JDriscoU. 

PERTH— Lanark  County. 

Edward  G.  3Ialloch  (County  Crown  Attorney,  and  Clerk  of 
the  Peace,  County  of  Lanark). 

Perth,  Ont.,  23d  January,  1873. 
I  hereby  certify  that  Edward  George  Malloch,  of  Perth,  barrister 
at  law  and  solicitor  in  chancery,  is  qualified  to  practice  in  all  the 
courts  for  Ontario.     He  is  Crown  attorney  and  clerk  of  the  peace 
for  the  county  of  Lanark,  and  has  a  good  professional  standing. 

J.  G.  MALLOCH, 
Judge  of  the  County  Court,  County  of  Lanark. 

PETERBOROUGH— Peterborough  County. 

James  F.  Dennistouu. 

Ontario  Bank,  ) 

Peterborough,  Uth  January,  1873.  j 
To  whom  it  may  concern : 

We  have  had  occasion  to  employ  James  F.  Dennistoun,  Esq., 
barrister  and  attorney,  professionally  on  several  occasions,  and 
have  found  him  competent  and  careful  of  the  interests  of  his  clients. 

GEORGE  E,  SHAW,  Ma?iager. 


i 


m 


■;,! 


494 


PROVINCE  OF  ONTARIO. 


Thj!  Canadian  Bank  of  Commerce,         ) 
Peterborough,  Ont.,  14«A  Jan.^  1873.  J 
:Zb  whom  it  r/iay  concern  : 

We  have  had  occasion  to  employ  Mr.  J.  F.  Dennistoun,  barrister 
and  attoraey,  professionally  on  several  occasions,  and  have  found 
him  competent  and  careful  of  the  interests  of  his  clients. 

ROBERT  W.  SMYLIE,  Manager. 

We  have  placed  on  file  a  further  testimonial  from  H.  E.  Knowles 
agent  of  the  Bank  of  Montreal.  ' 

PETR0I4A  — Lambton  County. 
Stephen  J,  Griffiths. 

PICTOXT  — Prince  Edward  Coiinty. 
Ed%vard8  Merrill, 

County  Court  Office,  ) 
PiCTOu,  Ont.,  February  25,  1873.  f 
I,  John  Twigg,  of  the  town  of  Pictou,  in  the  county  of  Prince 
Edward  and  Province  of  Ontario,  clerk  of  the  county  court  of  the 
said  county,  do  hereby  certify  that  I  have  been  personally 
acquainted  with  Edwards  Merrill,  Esq.,  of  the  said  town,  barrister 
at  law,  for  the  past  ten  years  ;  that  he  has  been  a  practicing  attor- 
ney for  the  past  eight  years,  and  a  barrister  at  law  for  the  past  six 
years,  and  that  I  believe  him  to  be  thoroughly  qualified  in  his  pro- 
fession and  fully  competent  to  transact  any  legal  business  that  may 
be  intrusted  to  him,  and  that  he  is  a  person  whose  character  for 
honesty  and  integrity  is  beyond  reproach. 

Given  under  my  hand  and  the  seal  of  the  said  court, 
[l.  s.]        the  day  and  year  first  above  written. 

JOHN  TWIGG,  Clerk. 

PORT  HOPE— Durham  County. 

Smart  &  Siti4th. 

Ontario  Bank,  ) 

BowMANSviLLE,  O.  C,  Jan.  20,  1873.  j 
To  rchom  it  may  concern : 

We  have  personally  known  Mr.  D.  Smart,  of  Messrs.  Smart  & 
Smith,  barristers  at  law,  etc.,  Port  Hope,  for  many  years,  and  his 


PROVINCE  OF  ONTARIO. 


495 


I H.  E.  Knowles. 


partner  also,  by  representations,  for  some  time.  They  are  the  legal 
advisers  to  our  branch  in  their  town,  and  we  cordially  recommend 
them  as  commercial  lawyers  to  the  attention  of  those  requiring 
such  assistance  in  this  Province,  as  being  responsible,  well  qualified 
and  prompt  professional  men. 

J.  SIMPSON,  Prest. 
W,  FISHER,  Gashr. 

From  a  pergonal  and  business  correspondence  of  over  eight 
years,  we  heartily  concur  in  the  above  testimonial, 

A.  R.  McMASTER  &  BROTHER. 
Toronto,  January  22,  1873. 

We  indorse  all  the  above. 

TALLCOTT,  BOYD  &  CO.,  Albany. 
IRWIN  &  BOYD,  Port  Hope. 

We  have  known  Messra  Smart  &  Smith  personally  and  by  repu- 
tation for  niany  years,  and  for  the  last  four  years  we  have  given 
them  a  considerable  amount  of  business  for  collection,  in  many 
instances  requiring  great  care,  tact  and  ability,  and  we  have  on  all 
occasions  found  them  to  give  us  the  greatest  satisfaction. 

GAULT  BROS.  &  CO. 
MoNTBEAL,  Jcmuary  27,  1873. 

t 
PORT  PERRY  — Ontario  County. 
Hubert  L.  JEbbells. 


PRINCE     ALBERT     and     ONTARIO     COUNTIES 
(except  the  Village  of  Port  Perry). 

Wm.  M,  Cochrane, 

PoBT  Pbeey,  April  6,  1873. 
S.  F.  Knbeland,  Esq.,  Albany,  N.  Y. : 

Mr.  Wm.  Maurice  Cochrane,  of  the  village  of  Port  Perry,  has 
practiced  at  that  place  for  the  last  six  years,  and  has  transacted 
business  for  me  on  many  occasions,  and  I  have  found  him  well 
qualified  to  undertake  any  legal  business  intrusted  to  him,  and  is 
faithful  to  the  interests  of  his  clients. 

THOS.  PAXTON,  Member  Ley.  Assembly,  Ontario. 


49G 


PRO  VINCE  OF  ONTARIO. 


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.1. 


RENFREW  —  Renfrew  County. 
S,  H.  Loacks  (County  Crown  Attorney,  P.  O.,  Pembroke,  Ont.). 

Quebec  Bank,  Pembkokk,  April  5,  1873. 
To  whom  it  may  concern : 

Mr.  H.  II.  Louckg  has  been  Solicitor  and  Notary  for  the  Quebec 
Bank  here  for  the  past  three  years,  and  I  cheerfully  give  this  testi- 
monial to  his  promptness  and  faithfulness  in  the  interest  of  his 
clients. 

J.  WALKER,  Manager. 

ST.  CATHERINES  — Lincoln  County. 
Brown  &  Brown. 

Albert  G.  Beown. 
Calvin  Brown. 

Canada,  Province  op  Ontario,  )  . 

County  of  Lincoln,  ]  ^'^  '^"  ' 

I,  John  Majoribanks  Lawder,  Esq.,  Judge  of  the  County  Court 
of  the  County  of  Lincoln,  do  hereby  certify  that  I  am  and  have 
been  Judge  of  the  said  County  Court  for  the  last  fourteen  years, 
and  that  I  have  known  the  members  of  the  firm  of  Messrs.  Brown 
&  Brown,  barristers  and  attorneys  of  St.  Catherines,  since  they 
commenced  the  practice  of  law,  and  I  have  always  found  them 
prompt  in  business,  and  consider  them  thoroughly  responsible.  I 
take  pleasure  in  recommending  thenJ  to  the  confidence  of  any  one 
intrusting  business  to  them. 

Dated  at  St.  Catherines,  this  thirteenth  day  of  January,  A.  D. 
1873. 

JOHN  M.  LAWDER,  County  Judge,  Lincoln  Co.,  Ont. 

Niagara  District  Bank,         ) 
St.  Catherines,  January  14,  1873.  [ 

Gentlemen. — I  am  well  acquainted  with  the  members  of  the 
firm  of  Brown  &  Brown,  barristers  of  this  town,  since  they  com- 
menced the  practice  of  law,  and  consider  them  thoroughly  responsi- 
ble, prompt  and  well  qualified  to  do  any  legal  business  intrusted 
to  them.  I  take  pleasure  in  recommending  them  to  any  one  requir- 
ing their  services. 

I  am,  gentlemen,  yours  obediently, 

C.  M.  ARNOLD,  Cashier. 


i^ 


PRO  YINCE  OF  ONTARIO. 


407 


QtnfBK6  Bank,  j 

St.  Catiikkines,  Jan.  13,  18';  2.  [ 
S.  F.  Kneeland,  Esq.,  Attorney,  etc.,  Albany: 

Dear  Sib.— I  have  much  pleasure  in  informing  you  that  I  am 
well  acquainted  with  the  members  of  the  firm  of  Messrs.  Brown  & 
Brown,  barristers  of  St.  Catherines,  and  consider  them  well  quali- 
fied to  undertake  any  legal  business  which  may  be  intrusted  to 
them.  They  are  thoroughly  responsible  and  prompt  in  business 
matters. 

I  am,  dear  sir,  your  obedient  servant,    • 

WM.  T.  BENSON,  Manager. 


ST. 
John  Farley, 


THOMAS  — Elgin  County. 


SARKTlA  — Lambton  County. 
J.  T.  Lister. 

I  certify  that  Mr.  Lister  has  practiced  for  some  years  in  the 
courts  over  which  I  preside.  I  consider  him  reliable,  prompt  and 
fully  qualified  to  undertake  any  business  intrusted  to  him. 

CHARLES  ROBINSON,  Judge  County  Lambton. 

SEAFORTH  — Huron  County. 
tfas.  H,  Benson, 


SIMGOE  — Norfolk  County. 
John  H.  Ansley. 

The  undersigned  has  much  pleasure  in  certifying  that  Mr.  John 
Henry  Ansley  is  a  barrister,  solicitor  in  chancery,  and  attorney  at 
law,  and  is  entitled  to  practice  in  all  the  courts  of  law  and  equity 
in  the  Dominion  of  Canada. 

Mr.  Ansley  is  a  gentleman  of  high  character  and  of  undoubted 
mtegnty,  his  legal  attainments  are  unquestionable,  and  I  have  no 
hesitation  in  recoramendiog  him  to  all  who  may  require  professional 


services. 


SiMCOE,  January  10,  1873 


WM.  M.  WILSON, 

Judge  County  of  Norfolk,  Canada. 


a2 


498 


PRO  YINCE  OF  ONTARIO. 
TORONTO  —  York  Co\mty. 


J,  N,  Blake, 

Toronto,  April  29,  IS'ZS. 

I  have  pleasure  in  certifying  that  J.  N.  Blake,  Esq.,  of  this  city, 
barrister  at  law,  is  of  good  standing  in  his  profession  and  a  highly 
respectable  and  trustworthy  gentleman. 

G.  DUGGAN, 
Judge  of  the  County  Court  of  the  County  of  York,  Canada. 

VIENNA— Elgin  County. 
Jho.  Crawford, 

WATERFORD  and  the  Counties  of  NORFOLK  and 
HALDIMAND;  except  Simcoe. 

Duncombe  &  Matheson  (P.  O.,  Simcoe,  Ont.). 
David  T.  Duncombe. 
Walter  Matheson. 


WELLAND — Welland  County. 


Judge's  Chambers,  ) 

Welland,  February  26,  1873.  j 


A,  G,  HiU, 

To  whom  it  may  concern : 

I  have  known  Mr.  A.  G.  Hill,  barrister  and  attorney  at  law,  for 
the  past  nine  years,  during  which  time  he  has  been  practicing  as 
such  in  this  county.  He  is  well  qualified  to  transact  legal  business 
intrusted  to  him,  and  prompt  and  faithful  in  the  interests  of  his 
clients. 

H.  M.  PRICE, 
Judge  of  the  County  Court  of  the  County  q/  Welland. 

County  Court  Office,       ) 
Welland,  February  26,  1873.  j 

I  certify  to  the  signature  of  the  judge,  and  can  state  a  like 
acquaintance  and  recommendation. 

W.  WILLSON 
Clerk  of  the  County  Court  of  the  County  of  Welland. 


OLK  and 


PRO  YINCE  01  ONTARIO. 


499 


WHITBY— Ontario  County. 
6?.  Young  Smith  (LL.  B.). 

Whitby,  January  16,  1873. 
Mr.  G.  Young  Smith  has  acted  as  attorney  for  the  Dominion 
Bank  since  its  cotamencement  here,  and  I  have  always  found  him 
well  qualified,  prompt  and  attentive  to  business.     I  can  highly 
reccommend  him  to  attend  to  any  business  intrusted  to  his  care. 

H.  B.  TAYLOR,  Agent. 

WOODSTOCK -Oxford  County. 
Ball  &  Matheson, 

Francis  R.  Ball  (County  Attorney  and  Clerk  of  the  Peace). 
John  Matheson. 


Nffrf    ^ 


500     PRO  V.  OF  PRINCE  ED  WARD  ISLAND. 


PROVINCE  OF  PRINCE  EDWARD  ISLAND. 


To 


This  plucky  little  island  is  still  an  independent  Province  of  Great 
Britain,  although  the  bond  of  union  with  her  sister  Provinces  of 
the  Donunion  of  Canada  only  awaits  perfection  through  the  signa- 
ture of  the  Queen.  May  her  new  relations  promote  her  temporal 
welfare  without  affecting  the  manly,  independent  spirit  of  her 
people. — [Ed. 


jit; 
abi 
the 
pre 
fiec 


CHARLOTTETOWN  — Prince  Edward  Island. 

Edivavd  Palmer  (Queen's  Counsel,  Attorney-General  and 
Advocate-General  for  P.  E.  Island),  submits  the  following  testi- 
monial from  Sir  Robert  Hodgson,  Bart.,  etc.  : 

Prince  Edward  Island,  ) 

■     Ciry  OF  CiiARLOTTETOAVN,  April  12,  1873.  J 

I  do  hereby  certify  that  the  Hon.  Edward  Palmer,  Her  Majesty's 
Attorney-General  and  Advocate-General  for  the  Colony,  and  a 
Queen's  Counsel  therein,  is  now,  and  has  been  for  many  years  last 
past,  an  attorney  and  barrister  of  the  Supreme  Court  of  Judica- 
ture, and  I  have  much  pleasure  in  stating  that  his  talents  and  abili- 
ties as  a  professional  man  are  of  the  first  order,  and  his  character 
unblemished  therein,  and  in  all  the  relations  of  social  life. 

R.  HODGSON, 
Chief  Justice  of  Supreme  Court  of  P.  E.  Island. 


BE 
All 


[ND. 


LAND. 


nee  of  Great 
Provinces  of 
jh  the  signa- 
ler temporal 
pirit   of  lier 


[sland. 

General  and 
lowing  testi- 


12,  1873.  j 

er  Majesty's 
)lony,  and  a 
ly  years  last 
t  of  Jutlica- 
its  and  abili- 
lis  character 
life. 


PRO  V.  OF  PRINCE  ED  WARD  ISLAND.     501 

GEORGETOWN  — Kings  County. 
Alley  &  navies  (P.  O.  Clmrlottetown,  P.  Q.). 
Geo.  Alley,  Esq. 
Louis  H.  Davies,  (Solicitor-General). 

The  Mekciiants'  Bank  op  Prince  Edwaed  Islajtd,  ) 
CuABLOTTETOWN,  P.  E.  I.,  Marc/t  17,  1873,  \ 

To  whom  it  may  concern : 

Messrs.  Alley  &  Davies  are  attorneys  in  good  standing  in  this 
jity,  and  we  have  much  pleasure  in  bearing  testimony  to  their 
ability  and  trustworthy  character  as  professional  men.  They  are 
the  attorneys  of  this  bank,  and  have  always  been  found  by  us 
prompt  and  faithful  in  the  interests  of  their  clients,  and  well  quali- 
fied to  perform  any  legal  business  intrusted  to  them. 

ROBERT  LONGWORTH,  Preaident. 
WM.  McLean,  CashUr. 

We  cheerfully  indorse  the  above. 

R.  HODGSON, 
Chief  Justice  Supreme  Court  of  Prince  Edward  Island. 
JOSEPH  HENDLEY, 

Assistant  Judge  Supreme  Court. 

BEDEQUE,    PRINCETOWN   and   ST.   ELEANOR - 

Princes  Comity. 
Alley  &  Davies  (P.  O.  Charlottetown,  P.  Q.). 
Geoege  Alley,  Esq. 
Louis  H.  Davies,  (Solicitor-General.) 
For  testimonial,  see  Georgetoion. 


E.  Island. 


502 


PRO  VINCE  Of  QUEBEC. 


PlIOVINCE    OF    QUEBEC. 


AETHAB  ASK  A— District  of  Arthabaska. 

WiUiam  H.  Felton. 

I,  the  undersigned,  one  of  the  justices  of  the  Superior  Court,  in 
and  for  the  Province  of  Quebec,  residing  in  the  city  of  Three  liivers, 
and  exercising  ordinarily  my  judicial  functions  in  the  district  of 
Three  Rivers  and  Arthabaska,  assigned  to  me  for  that  purpose,  do 
hereby  certify  that  William  II.  Felton,  Esquire,  of  the  village  of 
Arthabaskaville,  district  of  Arthabaska,  advocate  and  attorney  at 
law,  performs  his  professional  duties  with  ability,  zeal  and  diligence, 
and  holds  a  good  position  at  the  Arthabaska  bar. 

A.  POLETTE,  J.  S.  G. 
Three  Rivers,  (ith  March,  1873. 

HUNTINGDON  — County  of  Himtlngdon,  District  of 

Beauharnois. 

J.  Ponsonhy  Sexton  (Official  Assignee,  etc.). 


KAMOURASEA— Kamouraska  County. 
A.  B,  Itoiithiev, 

Province  op  Quebec,  Canada,         ) 
RrviERB  Du  Loup,  2\st  January,  1873.  j 

I,  Louis  Napoleon  Casault,  one  of  the  justices  of  Her  Majesty's 
Superior  Court  for  the  Province  of  Quebec,  in  the  Dominion  of 
Canada,  and  administering  civil  and  criminal  justice  in  the  district 
of  Kamouraska  and  Rimouski,  in  the  province  aforesaid,  do  hereby 
certify  that  A.  Bazile  Routhier,  Esq.,  barrister  and  attorney  of 
St.  Louis  de  Kamouraska,  in  the  district  of  Kamouraska,  holds  a 
prominent  position  at  the  bar  of  the  above  named  province,  and 
that  he  deservedly  enjoys  a  high  reputation  of  ability  and  integrity. 

N.  CASAULT,  J.  S.  C. 


PRO  VINGK  OF  QUEBEC. 


503 


KNOWLTON  fbr  Broome  and  Sheflford  Counties. 
William  }y.  Lynch  (Member  of  I'iirliamcnt). 

Knowlton,  p.  i}.,  January  9,  1873. 
My  Dkar  Rnkklanp.— I  am  no  longer  a  practicing  advocate;  and 
Mr.  W.  W.  Lynch,  who  was  a  law  student  in  your  time  hero,  is  our 
advocate  now,  and  not  only  Ih  he  a  reliable  and  successful  advocate, 
but  a  Member  of  Parliament,  and  responsible  for  anything  ho  undei^ 
takes,  and  upon  his  reliability  and  responsibility  n.;  well  as  good 
general  character,  you  and  your  friends  can  rely  with  the  utmost 
confidence.     *    *        * 

Your  friend,        ' 

SAMUEL  W.  FOSTER. 

S.  F.  Kneklajto,  Esq.,  Attorney  at  Law. 

The  above  is  from  a  private  letter  from  Judge  Foster.  I  can  add 
to  it  my  personal  testimony  as  to  the  ability  and  character  of  my 
old  friend  and  schoolmate,  William  W.  Lynch.— [Ed. 

LACHUTE  for  Counties  of  Ottawa  and  Argenteuil. 
C  8.  Burroughs. 

Montreal,  Qth  February,  ISVO. 

It  affords  me  much  pleasure  to  certify  that  I  have  known  C.  S. 

Burroughs,  Esquire,  advocate,  for  upwards  of  twenty-five  years,  a 

portion  of  which  time  we  were  in  copartnership,  as  advocates,  and 

that  he  is  thoroughly  skilled  in  his  profession  and  highly  reliable. 

F.  G.  JOHNSON,  J.  S.  G. 

MONTREAL  —  County  and  District  of  Montreal, 

John  A.  Perkins  (M.  A.,  D.  C.  L.,  Prof.  Commercial  Law, 
Victoria  College,  Montreal.) 
Mr.  Perkins  may  refer  to  me. 

AMASA  J.  PARKER, 

{Late  Justice  Sup.  Ct,  Chancellor,  and  M.  of  Conffress.) 
Albany,  N.  Y.,  February,  1873. 


m 


'1 


504  PA'O  VINCE  OF  Q  UEBEG. 

NEW  CARLISLE -Dl»trict  of  Qaspe. 
B.  Mnvtvl. 

Canada,  Puovinob  of  Qukiikc, 
District  of  0<iHpe. 

By  the  Hon.  Peter  Winter,  oue  of  the  Justices  of  Her  MajoHty'g 
Superior  Court  for  Lower  Canada  (now  the  Province  of  Quebec). 
To  xohom  this  may  concern  : 

Thin  is  to  certify  that  Etienne  Martel,  Esq.,  attorney,  l.arrister 
advocate,  etc.,  etc.,  residing  at  New  Carlisle,  in  the  above  named 
district,  18  m  every  respect  fully  (pialified  to  undertake  any  le.ral 
buHincHS  intrusted  to  him  ;  is  peculiary  faithful  to  the  interests  of 
his  clients,  and  this  testimonial  is  cheerfully  accorded  to  him. 

Witness  our  hand.  Given  at  New  Carlisle,  County  of  Bona- 
venture,  this  second  day  of  May,  1873. 

P.  WINTER,  Judye  Superior  Court,  iV. 

QUEBEC -County  and  District  of  Quebec. 
Andrews,  Caron  &  AndvAvs, 

FuKDKRicK  Andukws  (Quceu's  Counsel). 
Ai)orj>iiK  P.  Cabon,  B.  (X  L, 
Fkeobkick  W.  Andkkws. 
This  firm  stands  at  the  head  of  the  Quebec  bar.— [Ed. 


RIMOUSKI 
A,  P.  Letendre, 


Rimouskl  County. 

RiMOUSKi,  April  24,  1873. 


To  whom  it  may  concerti : 

I  have  had  many  occasions  of  appreciating  the  legal  capacities  of 
Mr.  A.  P.  Letendre  as  advocate,  as  well  as  his  promptness  and 
faithfulness  in  business.  I  know  that  he  has  been  appointed  Solici- 
tor of  the  Commissioners  of  the  Inter-Colonial  Railway,  and  has 
acted  to  their  greatest  satisfaction  ;  and  I  certify  with  pleasure 
that  he  has  conducted  the  Crown  affairs  at  our  last  criminal  terai 
■with  great  ability. 

L.  A.  BILLY,  District  Magistrate  for  Rimoiiski. 


PRO  VINCE  OF  Q  UEBEC. 


S05 


CA^fAnA,  Pbovinck  op  Qukhbc,  ) 
RiviKiiK  i>u  Lour,  ^/>W/ 30,  1873.  j 
I  do  liercl.y  certify  tlmt  A.  P.  Lcti-ndrc,  Eh(|.,  attornoy,  was, 
until  the  ruccnt  upijoiiitmeut  of  Mr.  Hilly  as  District  MuKiHtrato, 
one  of  two  mcmborH  of  the  Iv^al  firm  of  Jiijly  &  Letendrr,  wliicli 
had  conHidorablc  practice  at  Itiiuoiwki,  and  that  Mr.  Lotondre  him- 
self waH  intruHted  l)y  the  (Jovernmoiit  of  tljo  Provinue  of  Quebec 
with  Mie  conduct  of  the  criminal  proceedings  during  the  last  term, 
at  IlimouHlti,  of  the  Court  of  Queen's  Bench. 

N.  CASAULT, 
Jmtice  of  JI.  M.'s  Superior  Court  for  the  4\ov.  of  Quebec. 

ST.  HYACINTHE  CITY,  COUNTY  and  DISTEICT. 
liouff/eolH,  limhand  &  Richer, 

J.    B.  HOURGBOIS. 

PiKiiKK  Bach  AND,  M.  P.  P. 

T.  S.  KiCIIKH. 

S.  F.  Knkkland,  Esq. : 

Dkau  Hik.— Although,  upon  cenoral  grounds,  not  app.-oving  tli*» 
rule  adopted  by  the  Merchants'  Protective  Law  Assoc'atioii,  vhich 
requires,  as  a  thing  essential  for  admission,  a  testimonial  of  the  pro- 
fesHiomd  standing,  signed  by  a  Judge,  an  application  being  made 
for  the  first  time,  and  by  persons  fully  deserving«credit,  I  give  the 
present  testimonial  (being  the  first  and  the  last),  that  Messieurs. 
J.  B.  Bourgeois,  P.  Bachand,  T.  S.  Richer,  of  the  city  of  St.  Hya- 
cinthe,  attorneys,  practicing  in  partnership,  are  entitled  to  full 
confidence. 

L.  V.  SICOTTE,  Judge  Superior  Court. 

DiSTBicT  OF  St.  Hyacintiib,  Jan.  10,  1873. 

SHERBROOKB  — Sherbrooke  County. 
Wm.  Griffith, 

SnERBRooKE,  P.  Q.,  March  5,  1873. 
I  hereby  certify  that  I  have  known  William  Griffith,  Esq.,  adv  /- 
cate,  of  this  town,  for  many  years.  He  bears  an  unimpeachable 
character  as  a  man,  and  is  a  faithful  and  reliable  attorney.  Any- 
thing that  may  be  intrusted  to  his  professional  care,  I  have  no 
doubt,  would  receive  prompt  attention  and  prudent  management. 

J.  S.  SAXBORN,  Judge  Superior  Court. 


I  „ 


506  PHO  VIWCE  OF  Q  VEBEC. 

SORBL  for  Richeliau  and  Yamaska  Counties. 
Adolphe  Gertnain. 

Merchants'  Bank  op  Canada,  ) 
SoREL,  January  30,  1873.      j 
I  hereby  certify  that  Adolphe  Germain,  Esq.,  advocate  of  this 
town,  is  one  of  the  best  standing  law  professional  men,  and  is 
highly  qualified  for  any  legal  business  which  may  be  intrusted  to 
hira. 

A.  A,  TAILLON,  Agent. 

SWEETSBURG— District  of  Quebec. 
Mmmet  Itaccicot. 

Recommended  by  Prof.  Perkins,  the  Member  from  Montreal,  P.  Q. 

THREE  RIVERS  — District  of  Three  Rivers. 
A.  L.  Desaulniers  (Member  of  the  Provincial  Parliament). 

I,  the  undersigned,  one  of  the  Justices  of  the  Superior  Court  for 
the  Province  of  Quebec,  residing  in  the  city  of  Three  Rivers,  do 
hereby  certify  that  Abraham  Lesieur  Desaulniers,  Esq.,  of  the  same 
city,  advocate  and  attorney  at  law,  is  honest,  upright,  able,  zealous 
in  the  discharge  of  his  professional  duties,  and  occupies  a  good 
position  at  the  Three  Rivers  bar. 

•  A.  POLETTE,  J.,  S.  C. 

Three  Rivers,  February  27,  1873. 


•  ■^» 


'V'  \ 


and  ks 


APPENDIX. 


FORM  OF  ACKNOWLEDGMENTS. 


ALABAMA. 

1.     Acknowledgment  by  Grantor  and  Wipe. 

State  op \ 

County  of, ^  **• 

I,  (insert  name  and  title  of  officer),  do  hereby  certify  that  A.  B., 
and  C.  D.,  his  wife,  whose  names  are  signed  to  the  foregoing  con' 
veyance,  and  who  are  known  to  me,  acknowledged  before  me  on 
this  day  that,  being  informed  of  the  contents  of  the  foregoing 
instrument,  they  executed  the  same  voluntarily  on  the  day  the 
same  bears  date. 

Given  under  my  hand  this day  of AD  18 

pC      1  -I  iO.  . .. 

L  ®^'-J  [Signature  and  title  of  officer.] 


Proof  by  Subscribing  Witness. 
[  ss. 


State  op 

County  of. 

I,  (state  name  and  title  of  officer),  hereby  certify  that  E  F  a 
subscribing  witness  to  the  foregoing  conveyance,  known  to  me, 
appeared  before  me  this  day,  and  being  sworn,  stated  that  A.  B. 
the  grantor  in  the  conveyance,  voluntarily  executed  the  same  in 
his  presence,  and  in  the  presence  ox  G.  H.,  the  other  subscribing 
witness,  on  the  day  the  same  bears  date;  that  he  attested  the  same 
in  the  presence  of  the  grantor  and  of  the  said  G.  H.,  who  sub- 
scribed his  name  as  a  witness  in  his  presence. 

Given  under  my  hand  this day  of A.  D.  18 

l.^^^^-]  [Signature  and  title  of  officer.] 


1 

I 


[ 


[!:|l 


Si 


508 


APPENDIX. 


ss. 


AEKANSAS. 

1.      AcKNOWLEliOMENT   BY   GkANTOB  AND   WlFE. 

State  op 

County  of 

Be  it  remembered,  that  on  this  day  came  before  me  (insert  title 
of  officer)  A.  B.,  and  C.  D.,  his  wife,  to  me  well  known  personally 
(or  proved  by  two  credible  witnesses)  to  be  the  persons  whose 
names  are  subscribed  to  the  foregoing  deed,  and  the  said  A.  B. 
acknowledged  that  he  had  executed  the  said  deed  for  the  considera- 
tion and  purposes  therein  mentioned  and  set  forth;  and  the  said 
C.  D.,  being  by  me  first  made  acquainted  with  the  contents  of  the 
foregoing  instrument,  acknowledged,  in  an  examination  apart  from 
her  husband,  that  she  executed  the  same  freely  and  without  com- 
pulsion or  undue  influence  of  her  said  husband. 

Witness  my  hand  and  seal  of  ofiice  on  this day  of 

A. D.  18.. 

[Seal]  [Signature  and  title  of  officer.] 

2.    Proof  by  Subscribing  Witness. 

State  op ) 

County  of j     ' 

Be  it  remembered,  that  on  this  day  before  me  (insert  title  or 
officer)  came  C.  D.,  to  me  well  known  personally  (or  proved  by  two 
credible  witnesses),  who  being  by  me  first  duly  sworn,  stated  on 
oath  that  he  saw  A.  B.,  the  grantor  to  said  deed,  subscribe  and  seal 
the  same  on  the  day  of  its  date,  as  his  act  and  deed  (or  that  the 
Baid  grantor,  A.  B.,  acknowledged  in  his  presence  that  he  had  sub- 
scribed, sealed  and  executed  said  deed),  for  the  uses,  purpt  es  and 
considerations  therein  expressed,  and  that  he,  the  said  C.  D.,  and 
E.  F.,  the  other  subscribing  witness,  subscribed  the  same  as  attest- 
ing witnesses  at  the  request  of  said  grantor. 

Witness  ray  hand  and  seal  of  office  on  this day  of 

A.  D.  18.... 

[Seal]  [Signature  and  title  of  officer.] 


FE. 


(insert  title 
1  personally 
rsons  whose 

said  A,  B. 
16  considera- 
ad  the  said 
tents  of  tlie 

apart  from 
ithout  com- 


of. 


f  officer.] 


iert  title  or 
ived  by  two 
,  stated  on 
ibe  and  seal 
'or  that  the 
he  had  sub- 
arpi  OS  and 
C.  D.,  and 
le  as  attest- 

of 

f  officer.] 


APPENDIX.  509 

CALIFORNIA.  ; 

1.      AcKNOWtEDGMENT  BY   GbANTOK  AND  'WlPE. 

State  op ) 

County  of. j  **• 

I  hereby  certify  that  on  this day  of 18,...  before 

me  (name  and  title  of  officer)  personally  appeared  the  within 
A.  B,,  and  C.  D.,  his  wife,  personally  known  to  me  to  be  the  indi- 
viduals described  in  and  who  executed  the  annexed  instrument  aa 
parties  thereto,  and  acknowledged  to  me  that  tbey  executed  the 
same  freely  and  voluntarily,  and  for  the  uses  and  purposes  therein 
mentioned.*  And  the  said  C.  D.,  wife  of  the  said  A.  B.,  having 
been  by  me  first  made  acquainted  with  th«  coirtenta  of  the  said 
instrument,  acknowledged  to  me  on  examination,  apart  from  and 
without  the  hearing  of  her  husband,  that  she  executed  the  same 
freely  and  voluntarily,  without  fear  or  compulsion,  or  undue  influ- 
ence of  her  husband,  and  that  she  does  not  wish  to  retract  the 
execution  of  the  same. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal  in  the  said  county,  the  day  and  year  in  this  certificate 
first  above  written. 

t^-  ^0  [Signature  and  title  of  officer.] 

Where  the  wife  does  not  join  in  the  deed  omit  all  after  the  * 


2.     Peoop  by  Subscribing  Witness. 

) 

ss. 


State  op 

County  of [ 

I  hereby  certify  that  on  the day  of A.  D   18 

3tore  me  (name  and  title  of  officer)  personally  apijeared  E.'  F." 
who  is  a  competent  and  credible  witness,  and  personally  known  to 
me  to  be  the  same  person  whose  name  is  subscribed  to  the  annexed 
instrument  as  a  witness  thereto,  who  being  by  me  duly  sworn 

deposed  and  said  that  he  resides  at in  the  county  of .' 

^*'^*®  °^ ;  th!it  he  was  present  and  saw  A.  B.,  known  to 

him  to  be  the  same  person  described  in  and  who  executed  the 
annexed  instrument  as  a  party  thereto,  sign,  seal  and  deliver  the 
same  ;  and  that  the  said  A.  B.  acknowledged  in  the  presence  of 
deponent  that  he  executed  the  same  freely  and  voluntarily  and  for 


510 


APPENDIX. 


the  uses  and  purposes  therein  mentioned  *and  that  he,  the  deponent, 
thereupon  signed  his  name  as  a  subscribing  witness  thereto. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  the  day  and  year  in  this  certifi  ate  first  above  written. 
[Seal.]  [Signature  and  title  of  officer.] 

When  the  grantor  or  a  subscribing  witness  is  not  personally 
known  to  the  officer,  the  certificate  should  contain,  in  the  place  of 
"personally  known,"  &c.,  the  following  clause:  "satisfactorily 
proved  to  me  to  be  the  person  described  in  and  who  executed  the 
within  instrument  (or  "  subscribed  to  the  within  instrument ")  as  a 
party  thereto  (or  "  as  a  witness  thereto  ")  by  the  oath  of  G.  H.,  a 
competent  and  credible  witness,  for  that  purpose  by  me  duly  sworn, 
and  the  said  A.  B.,  &c." 


CONNECTICUT. 

ACKNOWLEDGMBNT  BY   GrANTOB. 

State  of I 

County  of j 

Personally  appeared  A.  B.,  the  signer  and  sealer  of  the  foregoing 
instrument,  and  acknowledged  the  same  to  be  his  free  act  and  deed 
before  me.     In  testimony  whereof,  I  have  hereunto  set  my  hand 

and  affixed  my  official  seal  at in  said  county,  this 

day  of A.  D.  18 ... . 

[Seal.]  [Signature  and  title  of  officer.] 


ss. 


DELAWAKE. 

1.    Acknowledgment  by  Geantoh. 

State  op 

County  of 

Be  it  remembered,  that  on  this day  of. A.  D. 

18 personally  came  before  me  (insert  title  of  officer)   A.  B.,* 

party  to  the  foregoing  indenture  (or  instrument  of  writing),  known 
to  me  personally  to  be  ^uch,  and  acknowledged  said  indenture  to 
be  his  deed. 

Given  under  my  hand  and  seal  of  office,  the  day  and  year  afore- 
said. 

[Seal.]  [Signature  and  title  of  officer.] 


APPENDIX. 


611 


2.  By  Grantor  and  Wife. 
[As  above  to  the  *]  and  C.  D.,  his  wife,  parties  to  the  foregoing 
indenture,  known  to  me  personally  to  be  such,  and  severally 
acknowledged  the  said  indenture  to  be  their  deed.  And  the  said 
C,  D.,  being  at  the  same  time  privately  examined  by  me  apart  from 
her  husband,  acknowledged  that  she  executed  said  indenture  will- 
ingly, without  compulsion  or  threats,  or  fear  of  her  husband'c 
displeasure. 

Given  under  ri^  hand  and  seal  of  office,  the  day  and  year  afore- 
said. 

[Seal.]  [Signature  and  title  of  officer.] 

3.    By  a  Corporation. 

[As  in  Form  1  to  the  *]  the  president  (or  other  presiding  officer 
or  legally  constituted  attorney)  of  the  (name  of  corporation  or  bank), 
to  me  personally  known,  and  who,  being  duly  sworn,  deposes  and 

says  that  he  resides  at in  said  county;  that  he  is  president 

(or  other  officer)  of  the  (name  of  corporation) ;  that  the  seal  affixed 
to  the  within  instrument  is  the  corporate  seal  of  said  corporation 
(or  bank),  and  was  affixed  to  said  indenture  by  order  of  said  direc- 
tors, for  the  uses  therein  expressed,  and  that  he  by  like  order  did 
affix  his  name  thereto  as  president  of  said  corporation  (or  bank). 

Given  under,  &c.  [as  in  Form  1]. 


DISTEICT  OF  COLUMBIA. 

Forms  1  and  2  for  the  State  of  Delaware,  next  preceding,  will 
apply  in  this  District. 


FLOEIDA. 

1.    Acknowledgment  by  Grantor  and  Wipe. 

State  of | 

County  of.. f  **" 

Be  it  remembered,  that  on  this day  of 18 ... . 

before  me  (insert  name  and  title  of  officer  or  judge),  at in 

said  county,  and  within  my  official  jurisdiction,  personally  appeared 
A.  B.,  and  C.  D.,  wife  of  the  said  A.  B.,  to  me  known  to  be  the 


612 


APPENDIX. 


i 


»«. 


parsons  who  executed  the  foregoing  and  annexed  deed,  by  them 
sealed  and  subscribed,  and  severally  acknowledged  the  execution 
thereof  to  bo  their  free  act  and  deed  for  the  uses  and  purposes 
therein  mentioned.  And  the  said  C.  D.,  being  privately  examined 
by  me  separate  and  apart  from  her  husband,  acknowledged  tliat  the 
said  deed  (or  relinquishment  and  renunciation  of  dower)  and  the 
said  acknowledgment  have  been  freely  an /I  voluntarily  made,  with- 
out any  constraint,  compi  ^prehension,  or  fear  of  or  from 
her  husband,  the  said  A.  b. 

In  witness  whereof,  I  have  Hereunto  set  my  hand  and  affixed  my 
official  seal  the  day  and  year  first  above  written. 

[Seal.]  [Signature  and  title  of  officer.] 

2.      PbOOB'   by   SuBSCRtBUTG   WlTNES3. 

State  of 

County  of. 

lie  it  remembered,  that  on  this day  of A.  D. 

18 before  me    (title   of   officer)    personally  appeared    E.   F., 

whose  name  is  affixed  as  a  subscribing  witness  to  the  foregoing  and 
annexed  deed  between  A.  B.  and  C.  D.  his  wife,  and  O.  P.,  who 
being  duly  sworn,  deposes  and  says  that  the  said  A.  B.  and  C.  d! 
his  wife  duly  signed,  sealed  and  delivered  the  foregoing  deed  to 
the  said  O.  P.  as  their  act  and  deed,  in  the  presence  of  him,  the 
said  E.  F.,  and  also  in  the  presence  of  G.  H.,  the  other  subscribing 
■witness  to  said  deed,  who  then,  at  the  request  of  the  said  A.  B,, 
duly  signed  and  attesHd  the  same  in  the  picsence  of  the  deponent 
and  of  the  said  A.  B.,  the  grantor. 

In  witness  Whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
seal  the  day  and  year  first  above  written. 

[Seal.]  [Signature  and  title  of  officer.] 

If  the  acknowledgment  or  proof  is  taken  by  the  judge  of  a  court 
of  record,  there  should  be  attached  thereto  the  following  certificate 
of  the  clerk  of  such  court: 

State  of | 

County  of j  *"' 

I,   M.   N.,  clerk  of  the  court  of at do  hereby 

certify  that  the  person  whose  name  is  subscribed  to  the  foregoing 
certificate  of  acknowledgment  was  at  the  date  thereof  the  presi- 
dent judge  (or  according  to  the  style  of  such  officer)  of  said  court. 


•     APPENDIX.  513 

duly  appointed  and  acting  as  such,  and  that  I  verily  believe  hia 
signature  thereto  is  genuine.  ^        • 

Witness  my  hand  and  the  seal  of  said  court,  this day  of 

^  ^^  '■'  [Signature  and  title  of  officer..] 

oZ^r^t"  ^''"''7  "'  ^'^^^oribing  witne  .    Is  unknown  to   the 

in  Z'f  r\    "''"'  '""y  ^^  ■'^'"'^"'l^^  '»  t'^«  ™''»nn«r  «et  forth 

m  the  form  of  acknowledgments  for  the  State  of  California,  ^^ 


GEORGIA. 

1.    Acknowledgment  by  Geantor  and  Wife. 

State  of \ 

County  of. j  **• 

I  hereby  certify  that  on  this day  of  A,  D   18 

before  me  (insert  title  of  officer)  personally  came  A." B.,  and  c"d' 

Ins  wife,  to  me  personally  known  to  be  the  individuals  named  in 

and  who  executed  the  foregoing  instrument,  and  severally  acknowl 

edged  the  same  to  be  their  free  act  and  deed  for  the  purposes  thoret 

named  and  mentioned,  and  the  said  C.  D.,  being  July  examined  by 

me  separately  and  apart  from  her  said  husband,  did  declare  that  she 

did  freely  and  voluntarily,  and  without  any  compulsion  from  her 

said  husband  sign,  seal  and  deliver  the  said  deed  for  the  purposes 

herein  mentioned    with  intention  thereby  to  renounce,  gi/e  up 

and  forever  qmt-c  aim  her  right  of  dower  and  thirds,  and  all  her 

other  interests  of,  in  and  to  the  lands  and  tenements  therein  men- 

tioned  and  conveyed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal  the  day  and  year  aforesaid.  ^ 

^^^"^•^  [Signature  and  title  of  officer.] 

2.    Proof  by  Subscribing  Witness. 

State  op ^ \ 

County  of. \\\  [  •**• 

Before  me  (insert  name  and  style  of  officer)  personally  came  E. 
F  to  me  known  to  be  the  individual  whose  signature  is  affixed  to 
the  foregoing  deed  as  one  of  the  witnesses  thereto,  who,  beine 
sworn,  says  that  he  was  present  at  the  time  when  said  deed  was 
executed;  that  he  saw  the  same  signed,  sealed  and  delivered  by 


•iiii 


;, 


514 


APPENDIX. 


A.  B.,  whoso  signature  is  thereto  annexcil  as  grantor;  that  G.  II., 
the  other  subscribing  witness  thereto,  was  likewise  present  at  said 
time  and  witnessed  the  execution  of  said  deed,  and  that  lie  the  said 
E.  F.,  and  the  said  G.  II.,  then  and  there  signed  the  same  as  attest- 
ing witnesses. 

[Signature  of  witners.] 


Sworn  and  subscribed  to  before  me  this day  of. 


18. 


Given  under  my  hand  and  official  seal  this day  of. 


18. 


[Seal.] 


[Signature  and  title  of  officer.] 


\  ss. 


ILLINOIS. 

1.  Acknowledgment  by  Gbani'OUS, 

State  op 

County  of 

I  (here  give  name  of  officer  and  his  official  title)  do  hereby  cer- 
tify that  *  (name  of  grantor,  and  if  acknowledged  by  wife,  her 
name,  and  add  "his  wife")  personally  known  to  me  to  be  the  same 
person  (or  persons)  whose  name  is  (or  are)  subscribed  to  the  fore- 
going instrument,  appeared  before  me  this  day  in  person,  and 
acknowledged  that  he  (she  or  they)  signed,  sealed  and  delivered 
the  said  instrument  as  his  (her  or  their)  free  and  voluntary  act,  for 
the  uses  and  purposes  therein  set  forth,  including  the  release  and 
waiver  of  homestead  under  the  laws  of  the  State  of  Illinois. 

Given  under  my  hand  and  (private  or  official)  seal  tliis  (day  of 
the  month)  day  of  (mouth),  A.  D.  (year). 

[Seal.]  [Signature  of  officer.] 

2.  Proof  by  Subscribing  Witness. 

[As  in  Form  1  to  the  *]  E.  F.,  personally  known  to  me  to  be  a 
subscribing  witness  te  the  foregoing  deed,  appeared  before  me  this 
day  in  person,  and  after  being  duly  sworn  according  to  law,  did 
depose  and  say  that  A.  B.,  whose  name  appears  subscribed  to  said 
deed,  is  the  real  person  wlio  executed  the  same,  and  that  he  the  said 
E.  F.  subscribed  his  name  as  a  witness  thereto  in  the  presence  of 
ami  at  the  request  of  the  said  A.  B.,  which  is  sufficient  evidence  to 
me  of  the  execution  of  said  deed. 

Given,  «&c.,  as  above. 


APPENDIX. 


616 


Wliere  the  parties  are  unknown  tc>  the  officer  taking  the  acknowl- 
e<lgnient,  instead  of  saying,  "  who  are  personally  known  to  mo  to 
be  the  persons  whose  names  are  subscribed  to  the  foregoing  instru- 
ment," insert  "  who  were  proved  to  me,  on  the  oath"  of  A.  B.,  a 
credible  witness,  to  be  tl  e  persons  whose  names  are  subscribed  'to 
the  foregoing  instrument,"  etc. 

,  3,  Pnoop  wnBRE  NEirnER  the  Grantor  or  Subscribing  Witnbsh 

CAN  BE  Produced. 

[As  in  Form  1  to  the  *]  G.  H.,  a  competent  and  credible  witness, 
personally  appeared  before  mo  this  day,  who,  being  duly  sworn 
according  to  law,  did  depose  and  say  that  he  personally  knew  the 
handwriting  of  A.  B.,  the  grantor  in,  and  of  E.  F.,  the  subscribing 
witness  to  the  foregoing  deed,  and  that  he  well  knew  the  signature 
of  each  of  them,  having  frequently  seen  them  write  (or  such  other 
means  of  knowledge  as  the  witness  may  have),  and  that  he  believes 
the  names  of  such  grantor  and  the  subscribing  witness  to  the  deed 
aforesaid  were  thereto  subscribed  by  the  said  A.  B.,  the  grantor, 
and  E.  F.,  the  subscribing  witness,  respectively,  which  to  me 
affords  sufficient  evidence  of  the  due  execution  of  said  deed. 

Given,  &c.,  as  in  Form  1. 

The  acknowledgment  or  proof  may  be  taken  either  according  to 
the  above  forms  or  those  allowed  in  the  State  where  taken,  but  in 
the  latter  case  a  certificate  by  the  clerk  of  a  court  of  record  must 
be  attached,  showing  that  the  acknowledgment  is  taken  accordincr 
to  the  laws  of  such  State.  ° 


INDIANA. 

1.      ACKNO-WLEDGMEN  r  BY   GrANTOR   AND  WiPB. 

State  op i 

Count)/  of J 

I  hereby  certify  that  on  this day  of 18 

before  me  (name  and  title  of  officer)  personally  *  apj.eared '*A.  B." 
and  C.  D.,  his  wife,  th(!  grantors  in  the  foregoing  instrument,  and 
severally  acknowledged  the  execution  of  the  same. 

_  Witness  my  hand  and  seal  this  day  and  year  last  above  men- 
tioned. 

l^^*'"]  [Signature  and  title  of  officer.] 


516 


APPENDIX. 


w 


2.    Proof  hy  Suhhckiuincj  Witnkss. 

[Ab  above  to  the  *.]  E.  F,,  the  subscribing  witnosa  to  the  exe 
cation  of  the  within  instrument,  of  lawful  ago,  wlio,  being  by  nie 

duly  Hworn,  upon  liis  oath  did  depose  un*l  say,  that  on  the 

day  of A,  D.  18 he  saw  the  within  named  grantors,  A. 

B.  and  C.  D.  sign,  seal  and  deliver  the  within  deed  as  their  act  and 
deed  ;  that  this  deponent  at  the  same  time  signed  his  name  us  a 
witness  of  the  execution  of  said  deed,  at  the  request  and  in  the 
presence  of  said  grantors,  which  grantors  were  at  the  time  over  tho 
age  of  twenty-one  years,  and  of  sound  mind  and  meraory,  and 
laboring  under  no  disability,  so  far  as  deponent  knows. 

Witness,  &o.,  as  above. 


IOWA. 

1.      AcKNOWLBrKJMKNT   BY   IIuSUAND   AND   WlFB. 

State  of |^ 

County  of \ 

Be  it  remembered,  that  on  this day  of 

A.  D.  18....  *  before  me  (insert  name  and  title  of  officer)  per- 
sonally appeared  A.  B.,  and  C.  D.  his  wife,  who  are  personally 
known  to  me  to  be  the  identical  persons  whose  names  are  affixed  to 
the  foregoing  deed  as  grantors,  and  they  severally  acknowledged 
the  same  to  be  their  voluntary  act  and  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal  the  day  and  year  aforesaid. 

[Seal.]  [Signature  and  title  of  officer.] 

Where  the  grantor  is  not  known  to  the  officer,  instead  of  "  who 
are  personally  known,"  etc.,  insert  "  who  was  proven  to  me  satis- 
factorily to  be  the  identical  person  described  in  and  who  executed 
the  within  instrument,  by  the  oath  of  O.  P.,  who,  being  by  me 

duly  sworn,  did  depose  and  say  that  he  resided  in in 

the  county  of ;  that  he  was  acquainted  with  the  said 

A.  B.,  and  that  he  knew  him  to  be  the  same  person  described  in 
and  who  executed  the  within  instrument,  and  thereupon  he  acknow- 
ledges," etc. 


APPENDIX. 


617 


2.  I'nooF  HY  SuBsoKiniNo  Witness. 
[As  in  Form  1  to  the  *]  it  was  HUtiHfactorily  proved  by  tho  oath 
of  E.  F,,  personally  known  to  mo  to  be  a  credible  and  disintereHted 
witness  and  to  be  tho  person  whose  name  is  subscribed  to  the 
foregoing  instrument  as  a  witness  thereto,  that  A.  B.,  now  absent 
(state  reason  of  absence),  v  as  (or  is)  personally  known  to  him  to 
be  the  identical  person  whoso  name  is  affixed  to  tho  foregoing  deed 
as  grantor,  and  that  the  same  was  exqjuted  by  the  said  A.  B., 
whose  name  is  thereunto  subscribed  as  a  party,  in  the  presence  of 
Said  E.  F,,  who  subscribed  his  name  to  such  instrument  as  a  wit- 
ness thereof  at  the  date  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  official  seal  the  day  and  year  aforesaid. 

[S''^^']  [Signature  and  title  of  officer.] 


KANSAS. 

The  forms  given  for  the  State  of  Iowa,  last  above  set  forth,  will 
apply  to  acknowledgments  in  this  State. 


KENTUCKY. 

Acknowledgment  by  Grantor  and  Wife. 

State  of | 

County  of |  *^- 

I  (name  and  style  of  officer)  do  certify  that  this  instrument  of 
writing  from  A.  B,,  and  wife  C.  D.,  was  this  day  produced  to 
me  by  the  parties,  which  instrument  was  acknowledged  by  the 
said  A.  B.  to  be  his  act  and  deed;  and  the  contents?  and  effects  of 
the  instrument  being  explained  to  the  said  C.  D.  by  me,  separately 
and  apart  from  her  husbnnd,  she  thereupon  declared  that  she  did 
freely  and  voluntarily  execute  and  deliver  the  same,  to  be  her  act 
and  deed,  and  consented  that  the  same  might  be  recorded. 

Given  under  my  hand  and  seal  of  office  this day  of 

18.... 


[Seal.] 


[Signature  and  title  of  officer.] 


m 


518 


APPENDIX. 


\  as. 


LOUISIANA. 

At'KNCWLKDOMKNT   IIV   HuSBAND   AND   WiPK. 

State  of 

County  of 

Be  it  ri'iiiemberetl,  that  on  tliis  day  carae  before  mo  (namo  and 
stylo  of  ortu'or)  A.  H.,  and  C.  1).  his  wife,  to  mo  known  personally 
(or  proved  such  by  two  oipdible  witnesHes)  to  bo  the  perHons  whose 
names  are  subscribed  to  the  foregoing  deed,  and  the  said  A.  IJ. 
acknowledged  that  he  had  executed  the  said  conveyance  (or  other 
instrument),  for  the  consideration  and  purposes  therein  mentioned 
and  set  forth;  and  the  said  C.  1).,  being  by  mo  first  made  acquainted 
with  the  contents  of  said  instrument,  in  an  examination  apart  from 
her  husband,  and  fully  advised  of  the  nature  of  her  rights  upon  his 
I)roperty,  acknowledged  that  she  executed  tho  same  freely  and 
without  compulsion  or  undue  influence  of  her  said  husband. 

Witness  my  hand  and  seal  of  office  on  this day  of 

18 

[Seal]  '  [Signature  and  title  of  officer.] 


MAINE. 
1.     Acknowledgment  by  Grantor. 

State  op ) 

County  of )  *  ' 

On  this day   of A.    D.    18 personally 

appeared  the  above  named*  A.  B,,  and  acknowledged  tho  above 
instrument  to  bo  his  free  act  and  deed,  before  me. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  official  seal  tho  day  and  year  aforesaid. 

[Seal  "■  [Signature  and  title  of  officer.] 


The  acknowledgment  by  one  of  several  grantors  is  sufficient  for 


all. 


liri'i 


APPENDIX.  619 

2.    PnooF  nv  Scjwckiuino  Witness. 

State  op \ 

County  of (  *** 

On  the (lay  of A.  D.  18.... at  the  rcqueiit 

of  M.  N.,  tlio  graiitoo  in  forogoing  <leud,  I  caused  A.  H.,  the  grantor, 
being  a  resident  of  said  county,  to  be  legally  summoned  to  ajjpear 

before  me,  on  the day  of A.  D.  18. . .  .(being  at 

least  seven  days  from  the  service  of  said  suminons),  to  hear  the  testi- 
mony of  E.  F.  and  G.  II.,  the  subscribing  witnesses  to  said  deed ; 
said  summons  contained  the  date  of  said  deed,  the  names  of  tho 
parties  thereto,  and  all  the  subscribing  witnesses  ;  and  on  said 

J'ly  of A.  D.  18 , . .  .said  witnesses  appeared  and 

testified,  an<l  the  said  grantor  was  (or  was  not)  present;  and  by  tiie 
testunony  of  said  witnesses  it  was  proved  to  my  entire  satisfaction 
that  the  foregoing  deed  was  duly  executed  by  said  A.  B.,  the 
grantor. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  tho  day  and  year  aforesaid. 

[Seal]  [Signature  and  title  of  officer.] 

Where  the  acknowledgment  of  a  corporation  is  taken,  the  certifi- 
cate of  the  officer  should  be  changed  by  inserting  from  the  *  in  Form 
1,  the  following:  "A.  B.,  president,  C.  D.  and  E.  F.,  directors  of 
(name  of  corporation),  and  severally  acknowledged  the  above 
instrument  to  be  the  free  act  and  deed  of  said  corporation,  before 
me.     In  testimony  whereof,"  etc.,  as  in  Form  1. 


MAEYLAND. 

'  Acknowledgment  by  Gbantob. 

State  of ) 

County  of )  ** 

I  hereby  certify  that  on  this day  of 

18 before  the   subscriber  personally  appeared  A, 

acknowledged  the  foregoing  deed  to  be  his  act. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  official  seal  this day  of A.  D.  18 

[ytJ'il-]  [Signature  and  title  of  officer.] 


..A.  D. 

B.,   and 


620 


APPENDIX. 


Tlie  wife  need  not  be  "  separately  examined,"  the  certificate  being 
the  same  as  in  a  joint  deed  executed  by  two  single  persons,  except 
that  the  words  "  his  wife  "  should  be  entered  after  her  name. 


MASSACHUSETTS. 

Acknowledgment  by  Grantor. 

State  op \ 

County  of j  **• 

I  (name  and  title  of  ofiicer)  do  certify  that  on  the day 

^^ A.  D.  18 the  above  named  (name  of  person)  per- 
sonally appeared  before  me,  at in  the  county  and  State 

aforesaid,  and  acknowledged  the  foregoing  instrument,  by  him 
signed,  to  be  his  free  act  and  deed. 

In  witness  whereof,  I  have  hereto  set  my  hand  and  affixed  my 

official  seal  at in  the  county  of and this 

day  of A.  D.  18 

[^<^al-]  [Signature  and  title  of  officer.] 

One  of  several  grantors  may  acknowledge,  as  above,  for  all.  The 
Beparate  examination  of  the  wife  is  not  necessary.  Proof  by  sub- 
scribing witnesses  is  not  allowed  to  be  taken  except  where  the 
grantor  is  dead  or  has  left  the  State,  and  it  must  in  either  case  be 
taken  by  a  court  within  the  State,  or  a  commissioner  for  Massa- 
chusetts in  the  State  where  taken  ;  the  form  of  proof  in  such  a  case 
is  practically  the  same  as  in  the  State  of  Maine,  supra. 


MICHIGAN-. 

1.     Acknowledgment  by  Husband  and  vVife. 

State  op ] 

County  of }  ^*' 

Be  it  remembered,  that  on  this day  of in  the 

year  one  thousand  eight  hundred  and before   me   (name 

and  style  of  officer)  personally  appeared  *  A.  B.,  and  C.  D.  his  wife, 
and  acknowledged  tliat  they  had  severally  executed  the  within 
instrument  for  the  uses  and  purposes  therein  mentioned;  and  the 
said  C.  D.,  on  a  private  examination,  apart  from  her  husband. 


'•s. 


n 


APPENDIX.  621 

acknowkHlged  that  she  executed  the  within  instrument  freely,  and 
without  tear  or  compuLsion  from  any  one;  and  I  further  cei-tify, 
that  the  persons  who  mad.  the  said  acknowledgment  are  known  to 
me  to  be  the  individuals  described  in  and  who  executed  the  within 
insti  uiiiunt. 

^^^"^•y  [Signature  and  title  of  officer.] 

It  seems  that  it  is  not  necessary,  where  the  instrument  is  executed 
by  non-residents  and  the  acknowledgment  is  taken  out  of  the  State 
for  tJ.e  wife  to  be  "  separately  examined,"  but  it  may  be  safer  to 
toUow  the  above  form  m  such  cases  also. 

2.  Acknowledgment  by  a  Cokpoeation 
[As  in  Form  1  to  *]  A.  B.,  known  to  me  to  be  the  president  of 
tlie  company  (or  corporation)  known  as  (name  of  company),  and 
CD.,  known  to  me  to  be  the  secretary  thereof,  and  they  severally 
acknowledged  the  execution  of  the  foregoing  (or  within)  instrument 
to  be  the  free  act  and  deed  of  said  company  (or  corporation).  And 
I  certify  further  that  I  know  the  seal  affixed  to  said  instrument  to 
be  the  corporate  seal  of  the  said  company. 
Witness,  etc.,  as  in  P'orm  1. 

Acknowledgments  executed  according  to  the  laws  of  the  State 
where  taken  are  valid,  but  a  certificate  of  the  clerk  of  a  court  should 
be  attached  as  to  the  validity  thereof  according  to  the  laws  of  such 
btate.     Two  witnesses  are  necessary  in  all  cases. 


imB|!;i  : 


MINNESOTA. 

Acknowledgment  by  Gkantob. 

State  op \ 

County  of. i  ^^• 

•  ^""ffr'-'-^^^i A.  D.  18. ...before  me,  the  under- 
signed (title  of  officer),  personally  appeared  A  B.,  known  to  me 
to  be  the  same  person  who  executed  the  within  instrument  (or  the 
ins  rnment  to  which  this  is  annexed),  and  acknowledged  the  same 

speciliod  '''^"  ^'''  ^''  """"^  ^'""^  ^''  '^'  P"''P«^'''«  ^-^^^^i" 

Witness  my  hand  and  official  seal  the  day  and  year  aforesaid. 
'•  ^*  ■■'  [Signature  and  title.] 


Ill 


522 


APPENDIX. 


Deeds  executed  out  of  the  State  may  be  acknowledged  as  above 
or  according  to  the  laws  of  the  place  where  made.     A  married 
woman  need  not  be  examined  separate  and  apart  from  her  husband. 
Two  witnesses  are  necessary. 


1^1 


«. 


MISSISSIPPI. 

Acknowledgment  bt  Husband  and  Wife. 

Stats  op ) 

County  of j 

On  this. day  of A.  D.  18 personally  appeared 

before  me  (title  of  officer)  the  within  named  A.  B.,  and  C.  D,  his 
wife,  who  severally  acknowledged  that  they  signed,  sealed  and 
delivered  the  foregoing  deed  (or  instrument)  as  their  voluntary  act 
and  deed.  And  the  within  named  C.  D.,  wife  of  the  said  A.  B.,  on 
a  private  examination,  apart  from  her  said  husband,  acknowledged 
that  she  signed,  sealed  and  delivered  the  foregoing  deed  (or  other 
nstrument)  as  her  voluntary  act  and  deed,  freely,  without  any  fear, 
threats  or  compulsion  of  her  said  husband,  on  the  day  and  year 
therein  mentioned. 

Given  under  my  hand  this  day  and  year  last  above  mentioned. 

[Seal.]  [Signature  and  title  of  officer.] 

Proof  by  Subscribing  "Wftness. 
State  of ] 

County  of ) 

On  the day  of 18. . . . personally  appeared  before 

me  (title  of  officer)  the  within  E.  F.,  one  of  the  subscribing  wit- 
nesses to  the  foregoing  deed  (or  other  instrumo.'  t),  who,  being  first 
duly  sworn,  deposeth  and  saith  that  he  saw  the  within  named  A. 
B.,  whose  name  is  subscribed  thereto,  sign,  seal  and  deliver  the 
same  to  the  said  M.  N. ;  that  he,  this  deponent,  subscribed  hia 
name  as  a  witness  thereto,  in  the  presence  of  the  said  A.  B.,  the 
grantor,  and  that  he  saw  the  other  subscribing  witnesses  sign  the 
same  in  the  presence  of  the  said  A.  B.,  and  that  the  witnesses 
signed  in  the  presence  of  each  other,  on  the  day  and  year  therein 
named. 

Given  under  my  hand  this  day  and  year  last  above  mentioned. 
[Seal.]  [Signature  and  title  of  officer.] 


d  as  above, 
A  married 
jr  busband. 


APPENDIX.  523 

The  certificate  of  acknowledgment  must  bo  indorsed  upon,  not 
cUtached  to,  the  instniment. 


Y  appeared 
I  C.  D.  his 
sealed  and 
untary  act 
i  A.  B.,  on 
nowledged 
I  (or  other 
It  any  fear, 
^  and  year 

jntioned. 
officer.] 


red  before 
•ibing  wit- 
being  first 

named  A. 
leliver  the 
scribed  his 
A.  B.,  the 
!S  sign  the 

witnesses 
lar  therein 

intioned. 
ofiicer.] 


MISSOUEI. 

1.     Acknowledgment  by  Gbantoe  and  Wipe, 

State  of ) 

Coimty  of [  *^- 

Personally  appeared  before  me  (title  of  officer)  this  day  *  A.  B,, 
and  C.  D.  his  wife,  who  are  personally  known   to  me   (or  who  are 

proven  before  me.  by  the  oaths  of  M.  N.,  residing  at 

««"»<^y  of ; State  of and  O.  P.', '  residing 

^* io  tlie  cuunty  of in  said  State,  two 

good  and  credible  witnesses)  to  be  the  same  persons  whose  names 
are  subscribed  to  the  foregoing  mstrument  of  writing  as  parties 
thereto,  and  severally  acknowledged  the  same  to  be  their  act  and 
deed  for  the  purposes  therein  mentioned. 

And  the  said  C.  D.,  being  by  me  first  made  acquainted  with  the 
contents  of  said  instniment,  upon  an  examination  separate  and 
apart  from  her  said  husband,  acknowledged  that  she  executed  the 
same  f  i  ely  and  without  compulsion  or  undue  influence  of  her  said 
husband. 

Given  under  my  hand  and  seal  this day  of 

18 '       

[Seal-]  [Signature  and  title  of  officer.] 

Where  the  wife  signs  the  instrument  for  the  purpose  of  relin- 
quishing her  right  of  dower,  insert  after  the  words  "  she  executed 
the  same"  the  clause,  "and  relinquished  her  dower  in  the  real 
estate  therein  mentioned."    Then  conclude  as  before. 

2.      PkOOF  by   a   SUBSCBIBING  WiTNESS. 

(As  in  Form  1  to  the  *],  E.  F.,  who  is  personally  known  to  me  to 
be  the  same  person  whose  name  is  subscribed  to  the  foregoing 
instrument  of  writing  as  a  witness  to  the  same  (or  proved  to  me 

by  the  testimony  on  oath  of residing  at 

State  of and residing  at ,  two 

good  and  credible  witnesses  to  be,  etc.),  and,  being  by  me  first  duly 
sworn,  saith  that  he  was  present  and  saw  A.  B.,  who  is  named  in 


Vti, 


524 


APPENDIX. 


said  deed  as  a  party  thereto,  and  Avhosc  name  is  thereto  subscribed 
execute  the  same,  and  heard  him  acknowledge  the  same  to  be  his 
act  and  deed  for  the  purposes  therein  mentioned ;  and  that  there- 
upon he,  the  said  E.  F.,  subscribed  his  name  to  said  instrument  as 
a  witness  thereof. 

Given  under,  etc,  (as  in  Form  1.) 

3.    Acknowledgment  by  Poaver  of  Aitobney. 

[As  in  Form  1  to  *]  G.  H.,  who  is  personally  known  to  me  to  bo 
the  person  who  subscribed  the  name  of  A.  B.  to  the  within  instru- 
ment as  the  grantor  therein,  as  attorney  in  fact  of  the  said  A.  B., 
and  acknowledged  the  said  instrument  as  the  act  and  deed  of  the 
said  A.  B.  for  the  purposes  therein  mentioned. 

Given,  etc.  (as  in  Foi-m  1.) 


n   ' 


H'  "t 


NEBRASKA. 

1.      ACKNOWLHDGMBNT    BY   GeANTOE    AND   WifE. 

State  op | 

County  of f  *''• 

OjitJiis flay  of A.  D.  18. . .  .before  me  (name 

and  title  of  officer)  personally  appeared  A.  B.,  and  C.  D.  his  wife, 
to  me  personally  known  (or  by  the  Oiiths  of  one  or  more  Avitncsses, 
whose  names  are  hereto  subscribed,  satisfactorily  proved)  to  be 
the  identical  persons  described  in,  and  whose  names  are  affixed  to, 
the  foregoing  conveyance  as  grantors,  and  they  severally  acknow- 
ledged the  same  to  be  their  voluntary  act  and  deed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal, 

** "^  said  county,  the  day  and  year  last  above  written. 

i^^^^  [Signature  and  title.] 

2.    Proof  by  Subscribing  Witness. 

State  of ) 

County  of j  *^- 

^"  t'"« day  of A.  D.  18. . .  .It  satisfac- 
torily appearing  to  me  that  the  attendance  of  the  said  A.  B.,-  the 
grantor  in  the  foregoing  conveyance,  cannot  be  procured  in  order 
to  make  acknowledgment  thereof  (or  that  the  said  A.  B.,  the 
grantor,  etc.,  is  dead,  or  having  executed  and  delivered  the  fore- 


APPENDIX. 


525 


going  conveyance,  refuses  to  make  acknowledgrafp.t  thereof), 
before  me  (name  and  title  of  officer)  personally  appeared  E.  F.' 
to  me  personally  known  (or  by  the  oaths  of  [one  or  more]  witnesses,' 
whose  names  are  hereto  subscribed,  to  me  satisfactorily  proved)  to 
be  the  identical  person  whose  name  is  subscribed  to  the  foregoing 
conveyance  as  attesting  witness,  who,  being  first  duly  sworn,  on  his 

oath  says  that  his  place  of  residence  is  at in  the  county 

^^ •'^nd  State  of ;  that  he  set  his  name  to  the 

foregoing  conveyance  as  a  witness;  that  he  knew  A.  B.,  the  grantor 
in  said  conveyance,  and  that  he  knew  him  to  be  the  identical 
person  described  therein,  and  who  executed  the  same,  and  saw  him 
sign  (or  heard  him  acknowledge  that  he  had  signed)  the  same. 
In  testimony  whereof,   I    have   hereunto    set  my    hand    and 

^^^•>  ^'^ in  said   county,  the  day  and  year  last  above 

written, 

[S'^^l-]  [Signature  and  title  of  officer.] 

In  lieu  of  the  above  forms,  the  officer  may  execute  the  certificate  of 
acknowledgment  according  to  the  forms  prescribed  for  the  acknow- 
ledgement of  deeds  in  the  State  where  executed. 


•  ss. 


NEVADA. 

1.    Acknowledgment  by  Grantor. 

State  op | 

County  of f 

^"  *'"« <iay  of 18 personally  appeared 

before  me  (title  of  officer)*  A.  B.,  known  to  me  (or  satisfactorily 
proved  to  me,  by  the  oath  of  M.  N.,  a  competent  and  credible  wit- 
ness, for  that  purpose  by  me  duly  sworn)  to  be  the  person  described 
and  who  executed  the  within  instrument,  who  acknowledged  to  me 
that  he  executed  the  same  freely  and  voluntarily,  and  for  the  uses 
and  purposes  therein  mentioned. 

Given  under  ray  hand  (and  official  seal),  this  day  and  year  last 
above  mentioned. 

{^^^^•]  [Signature  and  title.] 

The  acknowledgment  of  the  wife  must  be  taken  separate  and 
apart  from  her  husband*  The  certificate  may  be  drawn  up  aa 
follows : 


520 


APPENDIX. 


2.      ACKNOWLBDGMBJTT   BY   GkANTOB  AND   WlFE. 

[As  in  No.  1  to  *]  A,  B.,  and  C,  D.  his  wife,  whose  names  are 
subscribed  to  the  annexed  instrument  as  parties  thereto,  personally 
known  to  me  to  be  the  individuals  described  in  and  who  executed 
the  said  annexed  instrument  as  parties  thereto,  who  each  acknowl- 
edged to  me  that  they,  each  of  them  respectively,  executed  the 
same  freely  and  voluntarily,  and  for  the  uses  and  purposes  therein 
mentioned.  And  the  said  C.  D.,  wife  of  the  said  A.  B.,  havino- 
been  by  me  first  made  acquainted  with  the  contents  of  said  instru- 
ment, acknowledged  to  me  on  examination,  apart  and  without  the 
hearing  of  her  said  husband,  that  she  executed  the  same  freely  and 
voluntarily,  without  fear  or  compulsion  or  undue  influence  of  her 
said  husband,  and  that  she  does  not  wish  to  retract  the  execution 
of  tlie  same. 

Given,  etc.  (as  in  No.  1.) 


NEW  HAMPSHIRE. 

See  Laws  of  New  Hampshire. 


f  I  i 


1 


NEW  JERSEY. 

1.      AciiNOWLEDGMENT  BY   GrANTOR. 

On  this day  of A.  D.  18 before  me  (title 

of  ofiicer)  personally  appeared  *  A.  B.,  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing  deed  (mort- 
gage or  instrument),  and,  the  coni  uts  thereof  being  first  made 
known  to  him  by  me,  he  did  acknowledge  that  he  signed,  sealed 
and  delivered  the  same  as  his  voluntary  act  and  deed  for  the  uses 
and  purposes  therein  expressed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  official  seal, 

at in  the  county  and  State  aforesaid,  this day 

of A.  D.  18 

[Seal.]  [Signature  and  title  of  officer.] 

2.      AcKNOWLEDGXfENT  BY   GbANTOR   AND   WiFE. 

[As  in  Form  1  to  *]  A.  B.,  and  C.  D.  his  wife,  both  known  to 
me  to  be  the  individuals  described  in  and  who  have  executed  the 
within  deed  (or  instrument),  and  the  contents  thereof  being  by  me 
first  made  known  to  them,  they  severally  acknowledged  to  me  that 


APPENDIX. 


52( 


[FE. 

e  names  are 
0,  personally 
ho  executed 
ich  aiknowl- 
ixecuted  the 
loses  therein 
.  B.,  having 
said  instru- 
without  the 
e  freely  and 
lence  of  her 
e  execution 


•e  me  (title 
5  to  be  the 
deed  (mort- 
first  made 
fned,  sealed 
for  the  uses 

afficial  seal, 
tlay 

f  officer.] 

E. 

I  known  to 
ecnted  the 
eing  by  me 
to  me  that 


they  had  signed,  sealed  and  delivered  the  said  deed  as  their  volun- 
tary act  and  deed.  And  the  said  C.  D.,  on  a  private  examina- 
tion by  me,  separate  and  apart  from  her  husband,  further  acknow- 
ledged to  me  that  she  signed,  sealed  and  delivered  the  said  deed 
(or  instrument)  freely,  and  without  any  fears,  threats  or  compul- 
sion from  her  said  husband. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  official 

seal,  at in  the  county  and  State  aforesaid,  this 

day  of one  thousand  eight  hundred  and 

[Seal.]  [Signature  and  title.] 

3.    Proof  by  a  Subscuibing  Witness. 

[As  in  No.  1  to  *]  E.  F.,  with  whom  I  am  personally  acquainted 
(or  whose  identity  was  proven  to  me  by  the  oath  of  N.  M.,  to  me 

personally  known,  who  resides  at ),  and  whom  I  know  to 

be  the  subscribing  witness  to  the  execution  of  the  foregoing  deed 
(or  instrument),  and  who,  being  duly  sworn  by  me,  did  depose  and 

say  that  he  resided  in   in  the  county  of and  State 

of that  he  knew  A.  B.,  the  person  described  in  and  who 

executed  the  said  foregoing  deed  (or  instrument);  that  he  saw 
the  said  A.  B.  sign,  seal  and  deliver  the  same  as  his  voluntary  act 
and  deed,  and  that  the  said  A.  B.  acknowledged  to  him  (the 
deponent)  that  he  executed  the  same ;  and  that  he,  the  said  E.  F., 
thereupon  became  the  subscribing  witness  to  the  execution  of  said 
deed  (or  instrument),  which  is  to  me  satisfactory  evidence  of  the 
due  execution  of  said  deed  (or  instrument). 

In  witness,  etc.  (as  in  Form  1). 


NEW  YORK. 
1.    Acknowledgment  by  Gbantoe. 

State  op ) 

County  of p*- 

On  this day  of 18 . . .  .before  me  personally  appeared 

*  A.  B.,  to  me  known  to  be  the  individual  described  in  and  who 
executed  the  foregoing  deed  (mortgage  or  instrument),  and 
acknoAvledged  that  he  executed  the  same  for  the  uses  and  purposes 
therein  mentioned. 

[Signature  and  title.] 


^^^  APPENDIX. 

2.     By  Giuntob  and  Wifb. 

Statk  op I 

(Jounty  of. j  •''*• 

A^r  '^''•/.--••.•^•'^y;^ 18...  personally  came  bofore  me 

A.  Jl,  and  CD  his  wife,  to  me  personally  known  to  be  tl.e  same 
persons  flescnbed  m  and  who  executed  the  for- -going  conveyince 
a.id  severally  acknowledged  that  they  had  executed  the  sanu:;  and 
the  said  C.  D.  on  a  private  examination  by  me,  separate  and  apart 
from  her  said  husband,  acknowledged  that  she  had  executed  the 
same  freely  and  without  any  fear  or  compulsion  of  her  husband. 

3.     By  tub  Same,  when  Non-kesidents  op  this  State. 

[As  in  Form  1  to  *J  A.  B.,  and  C.  D.  his  wife,  who  reside  at 

; ''°""*y  ""^ State  of and  who  are  personally 

known  to  me  to  be  the  persons  described  in  and  who  executed  the 
within  conveyance,  and  severally  acknowledged  that  they  executed 
the  same  for  the  uses  and  purposes  therein  mentioned. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
oflicial  seal,  the  day  and  year  last  above  mentioned. 

^^'^"^'^  [Signature  and  title  of  officer.] 

4.  By  ExEctiTOR,  Trustee  oa  Assignee  ix  Bankruptcy. 
[As  in  Form  1  to  *]  G.  II,  the  executor  of  the  last  will  and  tes- 
tament (or  trustee  of  the  estate  or  assignee  in  bankruptcy  of  the 
estate)  of  A.  B,  to  me  known  to  be  the  individual  described  in 
and  who  executed  the  foregoing  deed  (mortgage  or  instrument), 
and  acknowledged  that  he  executed  the  same,  as  such  executor 
(trustee  or  assignee),  as  aforesaid,  for  the  uses  and  purposes  therein 
mentioned. 

[Signature  and  title.] 

5.  Pboop  by  Subscribing  Witness. 
[As  in  Form  1  to  *]  E.  F.,  the  subscribing  witness  within  named, 
to  me  personally  known,  who,  being  by  me  duly  sworn,  deposes  and 
says  that  he  resides  in  said  county  and  State,  that  he  knows  A  B 
the  grantor  within  named,  and  knows  him  to  be  the  same  person 
described  in  and  who  executed  the  within  conveyance,  that  he  was 
present  and  saw  him  execute  and  deliver  the  same,  and  that  he 


•a. 


APPENDIX.  509 

t).re«pon  subscribed  his  name  at  a  witness,  at  the  request  of  said 
^^Witness  my  hand  and  seal  of  office,  on  this day  of. . . . 

Lfcignature  and  title.] 
...  ^-    Pkoo*"  «y  a  Cobpokation. 

bank ,  th  t .  ,e . :,  X,  Trr';  °' '""  "'"■"°""''"  "»• 

dircclors  of  Mid  corporation  lor  bankl    .  J  .1  .  ,       .    """^  "' 
In  witness,  etc.  (as  in  Form  3). 


NORTH  CAROLINA, 
1.    Acknowledgment  by  Gbantob. 

oTATE   OF 1 

County  o/".  ....'.*'.'*'  f  "'^• 
On  this (Jay  of  ih       r   r 

of  officer)  personally  appeared  *  A  Rtf"''  ™'  ^"*'"'  ^"^  *^*^« 
foregoing  deed  of  conATn      /         .   '  ^"^  ^'''''"*^^  "^'"^d  i"  the 

lodged  tLflLelrefeliTf:^^^^^^^^^  ^"^  "^^^"- 

expressed.  ^""'^  *^^  "'««  ^"^  purposes  therein 

[Seal]  ,^. 

LoignatUiC  and  title,] 

2.    By  Grantor  and  Wife 
[As  in  Form  1  to  *],  A.  B    and  C  W  \.\.     -f 
the  foregoing  deed  of  con  vol!        /  ^'^f  ^'^f<^' grantors  named  in 
said  deell  bfin7lf  roZT'  I"  f*^'  "^«^^-»'»^"t).  and  the 

their  aet  and  de  d  ftle  'fn  ''^'.r'"*""  ''"''^^^  ^^  ^^^'"^  «« 
C.  D.  being  brme  examined  f  .  '""^  "*"''"'^'  ^"^^  *^^«  «-<! 
band,  touching  Ter  frrcontntTtr  ''""^  '"'"  '^''^^''^  ^- 
conveyance  in  her  examinT     V  ,     V""''"*'^"  ^^  ^'^^'^  'i^^d  of 

the  saL  f  eely    voTuuTX^  ''  "^  ^'^*  ^'^^  ^--^''^ 

eeiy,  voluntaiily  and  without  compulsion  or  restraint 


030 


APPENDIX. 


upon  the  part  of  hor  finiil  luiHband,  or  any  other  poiBon  whatBoover 
and  did  still  voluntarily  assent  tlieroto. 

In  witness  whereof,  I  have  set  my  hand  and  affixed  my  official 
seal,  this day  of A.  D.  18. , . . 

[Seal.]  [Signature  and  title.] 

Where  the  acknowledgment  is  tal<en  in  any  other  State  or  Terri- 
tory hy  any  person  other  than  a  commissioner  for  this  State,  the 
Governor  thereof  must  certify  as  to  the  judge  taking  the  samo 
in  manner  following : 

State  op ) 

County  of p"' 

I,  M.  N.,  Governor  of  the  State  (or  Territory)  of hereby 

certify  that  Hon.  (name  of  judge),  before  whom  the  acknowledg- 
ment in  the  foregoing  attestation  was  taken,  was,  at  the  time  of 

the  taking  of  the  same,  a  judge  of  the court  of  this 

State,  which  is  a  court  of  superior   jurisdiction  within  the  said 
State. 

In  witness  whereof,  I  have  hereunto  set  my  name  and  affixed  the 

seal  of  this  State,  on  this ...  .day  of A.  D.  18. . . 

[Seal.]  [Name.] 

3.    Pboop  by  Subscribing  Witness. 
[As  in  Form  1  to  *]  E.   F.,   the   subscribing  witness  to    the 
foregoing  deed,  to  mo  personally  known,  who  on  oath  duly  proves 
the  execution  thereof,  for  the  purposes  therein  expressed. 

In  witness  whereof,  I  have  hereto  set  my  hand  and  affixed  my 
official  seal,  the  day  and  year  above  mentioned. 

[Seal.]  [Signature  and  title.] 

It  is  preferable,  on  account  of  the  peculiar  laws  of  this  State  in 
reference  to  acknowledgments,  to  have  the  acknowledgment  or 
proof  of  instruments  taken  before  a  commissioner  of  this  State, 
especially  where  the  acknowledgment  of  a  married  woman  is  to 
be  taken. 


1 

J-  r  ,-i 


APPENDIX, 


531 


OHIO. 

1.      ACKNOWLKDOMKNT   BY   GkaNTOR. 

In  witncHs  whereof.  I  have  hereunto  set  my  hand  (and  Heal)  this 
day  and  year  last  above  mentioned.  ' 

"''  *^  [Signature  and  title.] 

2.     By  Grantor  and  Wike 
[Ah  in  Form  1  to  *]  A.  B..  and  C.  D.  hin  wife,  and  neverallv 
a  knowlodged  the  executior.  of  the   foregoing  instrument  to  le 
their  voluntary  act  and  deed  for  the  unes  and  purnonos  expressed 
And  the  saul  C.  D.,  wife  of  .ho  naid  A.  B.,  being    xamin  h    bT  n^ 
Hoparate  and  apart  from  her  said  husband,  and  L  cont  m    of"^.! 
instrument  ma.le  known  and  explained  to  her  by  mo.  dec    red  th 
Bhe  did  voluntarily  sign,  seal  and  acknowledge 'the   ame  a^d    hi 
Bhe  was  still  Hatisfied  therewith. 

In  witness  whereof.  I  have  hereunto  set  my  hand  and  affixed  my 

official  seal  on  the  day  and  year  last  above  written.  ^ 

fSeal.1  ru-       ^  ,    . 

*•        ^  [tMgnature  and  title.] 


OREGON. 

Acknowledgment  by  Grantor  and  Wife. 

State  op i 

Coxintif  of .' .  I  *^* 

,    ?"   *^''-;. I'^'^yof A.D.  18 personally  came 

before  me  (insert  title  of  officer)  the  within  named  A.  B.,  and  C 

desclZl  ''*^"'^^'•■''"'"^''"°^"  *"  ^^  *•»«  '^^'^"ti-'^l  Persons 
lo!w  f  '  'T.  '  \'  '"''"''^  ''^'  ^^*'""  instrument,  and  acknow- 
ledged to  me  that  they  executed  the  same  freely  for  the  uses  and 
purposes  therein  named.  And  the  said  C.  D.,  on  examination 
separate  and  apart  from  her  said  husband,  acknowledged  to  me' 
hat  she  executed  the  same  freely  and  without  any  fear  or  compul- 
sion  from  any  one.  ^ 

Witness  my  hand  and  seal,  this day  of A.  D.  18.  . . 

'•  ^^  '^  [Signature  and  title.] 


M 


68S 


APPENDIX. 


PENNSYLVANIA. 

1.      AOKNOWLKDGMBNT  BY   GraMTOB. 

State  of ) 

County  of J     ' 

Be  it  rcmcinhcred,  that  on  this day  of A.  D.  Ifl. . . 

bt'forc  mo  (iiiHcrt.  naiiu'  and  Htylo  of  oflicor)  personally  appeared 
the  above  named  *A.  B.,  and  in  due  form  acknowledged  the  above 
indentunt  to  bo  hiH  free  act  and  deed,  to  the  end  that  the  Hamo 
mif^lit  bo  recorded  as  such. 

In  testimony  whereof,  I  have  lioreunlo  set  my  hand  and  uflixed 
my  ortioial  seal  the  day  and  year  first  above  mentioned. 

[Seal]  [Signature  and  title,] 

2.    By  Grantor  and  Wike. 

[As  above  to  the  *]  A.  B,,  and  C.  D.  his  wife,  and  acknow- 
ledged the  above  indenture  to  be  their  act  and  deed,  to  the  end 
that  the  same  might  be  recorded  as  such.  The  said  C.  D.  being  of 
full  age,  and  by  me  examined  separate  and  apart  from  her  said 
husband,  and  the  contents  of  the  foregoing  indenture  being  first 
made  fully  known  to  her,  declared  that  she  did  voluntarily,  and  of 
her  own  free  will  and  accord,  seal,  and  as  her  act  and  deed  deliver, 
the  same,  without  any  coercion  or  compulsion  of  her  said  husband. 

In  testimony,  etc.  (as  above). 


3.    Proof  by  Suhsoribing  Witness. 

[As  in  Form  1  to  the  *]  E.  F.,  one  of  the  subscribing  witnesses 
to  the  exroution  of  the  above  indenture,  who,  being  duly  sworn 
according  to  law,  doth  depose  and  say  that  he  did  see  A.  B,,  the 
grantor  above  named,  sign  and  seal,  and  as  his  act  and  deed 
deliver,  the  above  indenture  (deed  or  conveyance)  for  the  uses  and 
purposes  therein  mentioned,  and  that  he  did  also  see  G.  H.  subscribe 
his  name  thereunto,  as  the  other  witness  of  such  sealing  and 
delivery,  and  that  the  name  of  this  deponent  thereunto  set  and 
subscribed  as  a  witness  is  of  this  deponent's  own  proper  hand- 
writing. 

Sworn  to,  and  subscribed  before  me,  the  day  and  year  aforesaid. 

In  testimony  whereof,  etc. 


APPENDIX, 


533 


IIIIODE  ISLAND 

AcKNOWI.KIHiMKNT    HY   IIUHUANO   AND   WiFK. 

Statk  of I 

County  of j  "*• 

Bo  it  rt'inoinberod,  that  on  this day  of A.  D.  18 . . . 

boforo  n»o  (title  of  officer)  perHonally  appeared  A.  B.,  and  C,  I). 
liiH  wife,  and  Hcverally  acknowledged  the  foregoing  inHtruinent  hy 
them  Higiied  to  be  tlieir  free  and  voluntary  aot  and  deed  ;  and  the 
Haid  C,  1).,  being  by  me  examined  privily  and  apart  from  her  said 
huHband,  and  having  Haid  instrument  Hliown  and  explained  to  her 
by  me,  declared  to  me  that  it  is  her  free,  voluntary  act  and  deed, 
and  that  she  does  not  wish  to  retract  the  same. 

In  witness  whereof,  I  have  set  my  band  and  seal  at the 

day  and  year  last  above  written. 

The  above  form  sliould  be  used  where  the  title  to  the  property 
came  througli  the  wife.  No  separate  acknowledgment  is  required 
to  release  her  right  of  dower  in  the  property  of  her  husband. 


ar  aforesaid. 


SOUTH  CAROLINA. 
1.     Acknowledgment  by  Grantor. 

On  this day  of 18 before  me  (title 

of  officer)  personally  appeared  *  A.  B.,  the  grantor  in  the  foregoing 
instrument,  and  acknowledged  that  he  executed  the  same  as  his  free 
act  and  deed  for  the  uses  and  purposes  therein  mentioned. 

Given  under  my  hand  (and  official  seal)  this  day  and  year  last 
above  written. 

[S«al-]  [Signature  and  title  of  officer. 

2.  Release  of  Doweii  by  the  Wife. 
[As  above  to  *]  C.  D.,  the  wife  of  the  within  named  A,  B.,  and, 
upon  being  privately  and  separately  examined  by  me,  did  declare 
that  she  uoes  freely,  voluntarily,  and  without  any  compulsion, 
dread  or  fear  of  any  person  or  persons  whomsoever,  renounce, 
release  and  forever  rclinquis]),  unto  the  within  named  G.  IL,  his 
heirs  and  assigns,  all  her  interest  and  estate,  and  also  all  her  right 


L. '1'' 


53i 


APPENDIX. 


and  claim  of  doAver,  of,  in  or  to   U  and  singular  the  premises  within 
mentioned  and  released. 

[Signature  of  wife.] 

..day  of 

[Signature  and  title  of  officer.] 


Given  under  my  hand  and  seal  this dav  of 

A.  D.  18....  ^ 

[Seal.] 


TENNESSEE. 

1.      AcKNOWr.EDGMENT  BY   HuSBAND   AND  WlFB. 

State  op \ 

County  of )  ** 

Be  it  remembered,  that  on  this day  of A.  D. 

1® ^P^orc  me  (name  and  style  of  officer)  personally  appeared 

*  A.  B.,  and  C.  D.  his  wife,  the  bargainors  in  vhe  within  deed  (or 
other  instrument),  with  each  of  whom  I  am  personally  acquainted, 
and  who  acknowledged  that  they  executed  the  within  deed  (or 
other  instrument),  for  the  purposes  therein  contained.  And  C.  D., 
wife  of  the  said  A.  B.,  having  been  by  me  examined  privately  and 
apart  from  her  husband,  acknowledged  the  execution  of  said 
deed  (or  other  instrument)  to  have  been  done  by  her  freely,  volun- 
tarily and  understandingly,  without  compulsion  or  constraint  from 
her  said  husband,  and  for  the  purposes  therein  expressed. 
In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  at 

the  day  and  year  above  mentioned. 

[^<^''^^-]  [Signature  and  title.] 

The  above  form  applies  in  the  conveyance  of  the  wife's  real 
estate.  She  need  not  be  joined  in  a  deed  of  the  husband's  property, 
not  having  a  dower  interest  therein  during  his  life. 

2.     Proof  by  Subscbibino  Witnesses. 

[As  in  Form  1  to  *]  E.  F.  and  G.  H.,  subscribing  witnesses  to 
the  within  deed,  who,  being  first  sworn,  deposed  and  said  that  they 
are  acquainted  with  A.  B.  and  C.  D.,  the  bargainors,  and  that  they 
signed  (or  acknowledged,  as  the  case  may  be)  the  same  in  their 
presence  as  their  act  and  deed,  upon  the  day  it  bears  date  (or  stat- 
ing the  time  as  proved  by  the  witnesses). 

In  witness  whereof,  etc.  (as  in  Form  1). 


APPENDIX. 


535 


Proof  by  subscribing  witnesses  will  not  take  the  place  of  the 
wife's  acknowledgment  in  the  sale  of  her  separate  real  estate. 


TEXAS. 
1.    Acknowledgment  by  Geantob  and  Wipe. 

State  op \ 

County  of. f  **• 

I  (name  and  title  of  officer)  do  hereby  certify  that  A.  B.  this 
day  personally  came  before  me  and  acknowledged  that  he  signed, 
sealed  and  delivered  the  annexed  instrument  of  writing,  bearing 

date   on  the day  of A.   D.    18. as  his 

voluntary  act  and  deed,  for  the  consideration,  uses  and  purposes 
therein  mentioned;  *  and  at  the  same  time  and  place  also  personally 
appeared  C.  D.  the  wife  of  said  A.  B.,  and  said  ...  D.  having  been 
examined  by  me,  privily  and  apart  from  her  husband,  and  having 
the  said  deed  fully  explained  to  her,  she,  the  said  C.  D.,  acknowl- 
edged the  same  to  be  her  act  and  deed,  and  declared  that  she  had 
willingly  signed,  sealed  and  delivered  the  same,  and  that  she  wished 
not  to  retract  it. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  official  seal  this day  of A.  D.  18 

[Seal-]  [Signature  and  title.] 

If  executed  by  grantor  alone,  omit  all  after  * 

2.     Pkoof  by  Subsceibinq  Witness. 

State  op ) 

County  of \^^' 

I  (name  and  title  of  officer)  do  hereby  certify  that  this  day  E. 
F,  personally  appeared  before  me,  and,  being  duly  sworn,  saith  that 
A.  B.,  whose  signature  appears  to  the  annexed  instrument  of 
writing,  acknowledged  the  same  to  be  his  act  and  deed  (or  that 
he  saw  A.  B.,  the  grantor  in  the  foregoing  instrument,  subscribe 
the  same),  for  the  consideration  and  purposes  therein  expressed, 
and  that  he  with  G.  H.  (the  other  witness)  subscribed  their  names' 
as  witnesses  thereto,  at  the  request  of  said  A.  B. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  official  seal  this day  of A.  D.  18. . . 

[S'-'''*!-]  [Signature  and  title.] 


ii 

li    71 


586 


APPENDIX. 


Only  one  witness  is  required  in  the  above  case,  and  none  are 
nece  "sary  when  the  instrument  is  duly  acknowledged  by  the  grantor. 


VERMONT. 

Form  op  Acknowledgment. 

State  op i 

County  of j  *•*• 

I  (name  and  title  of  officer)  do  certify  that  at. .  i„  the 

«°"»ty  «f  •  •. antl  State  of on  this '.'.day  of 

*"  t''e  year  of  our  Lord  one  thousand  eight  hundred  and 

personally  appeared  the  aforesaid  A.  B,,  and  C.  D.  his 

wife,  who  are  known  to  me  to  be  the  persons  who  execute^l  the  fore- 
going deed  (or  instrument)  and  acknowledged  the  same  to  be  their 
free  act  and  deed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  official  seal 

f  •  •  • aforesaid,  this day  of one  thousand  eight 

hundred  and 


[Seal.] 


[Signature  and  title.] 


Any  form  of  acknowledgment,  valid  where  executed,  may  be  used 
in  lieu  of  the  above,  if  desired. 


y  ss. 


VIEGINIA  AND  WEST  VIRGINIA. 

1.      ACKNOWLEDGSIENT  BY   GkANTOB. 

State  op 

County  of 

^  I  (name  and  title  of  officer)  certify  that  A.  B.,  whose  name  is 
signed  to  the  writing  above,  bearing  date  on  the day  of 

^'^-   18. .  .has  this  day  acknowledged  the  same  before 

me.* 

Given  under  my  hand  this. . . , day  of A.  D.  18. . . 

i^^^^  [Signature  and  title.] 

2.     By  Grantor  and  Wipe. 
[As  above  to  *]  And  I  further  certify  that  C.  D.,  wife  of  A.  B., 
whose  names  are  signed  to  the  writing  aforesaid,  personally  appeared 


APPENDIX. 


537 


before  me,  in  my  county  aforesaid,  and  being  examined  by  me, 
privately  and  apart  from  her  husband,  and  having  the  said  writing 
fully  explained  to  her,  she,  the  said  C.  D,,  acknowledged  the  said 
writing  to  be  her  act,  and  declared  that  she  had  willingly  executed 
the  same,  and  does  not  wish  to  retract  it. 
Given  under  my  hand,  etc.  (as  above). 


WISCONSIN. 

1.     Acknowledgment  by  grantob. 

State  of ) 

County  of f  **' 

Be  it  remembered,  that  on  this day  of 18 

before  me  (name  and  title  of  officer)  personally  appeared  *  the 
within  named  A.  B.  (and  C.  D.  his  wife),  to  me  known  to  be  the 
same  person  (or  persons)  described  in  and  who  executed  the  fore- 
going instrument,  and  acknowledged  that  he  (or  they)  executed  the 
same  as  his  (or  their)  free  act  and  deed,  for  the  uses  and  purposes 
therein  mentioned. 

Given  under  my  hand  and  seal  this  day  and  year  last  above 
mentioned. 


[Seal  if  any.] 


[Signature  and  title.] 


2.     Proof  by  Subscribing  Witness. 

[As  in  Form  1  to  *]  E.  F,,  with  whom  I  am  personally 
acquainted,  who,  being  by  me  duly  sworn,  deposes  and  says  that 

he  resides  in  the  city  of county  of and  State  of 

that  he  is  a  subscribing  witness  to  the  execution  of  the 

within  (or  hereto  annexed)  instrument  of  writing,  wherein  A.  B. 
is  one  of  the  parties  and  Y.  Z.  the  other  party,  and  that  he  saw 
the  said  A.  B.  execute  the  same,  and  knows  him  to  be  the  identical 
person  described  therein,  which  is  satisfactory  evidence  to  me  of 
the  due  execution  of  said  instrument. 

Given  under  my  hand  and  official  seal,  etc.  (as  above). 

When  the  grantor  or  subscribing  witness  is  unknown  to  the 
officer,  omit  the  clause  "  personally  acqu.ainted,"  etc.,  and  at  the  end 
of  the  acknowledgment  insert  the  following:  and  at  the  same  time 
appeared  M.  N.,  with  whom  I  am  personally  acquainted,  who,  being 


m 


11 


iiii 


538 


APPENDIX. 


also  by  me  duly  sworn,  deposes  and  says  that  ho  resides  in  the 

'''^y  f «o"nty  of and  State  of and 

that  he  knows  the  said to  be  the-  same  person  who  was 

the  grantor  m  (or  a  subscribing  witness  to)  said  instrument,  which  is 
satisfactory  evidence  to  me  of  that  fact. 
Given,  etc. 


If '''  I 

III 


U 


APPENDIX. 


689 


STATUTE  OF  FKAUDS. 


There  is  probably  no  branch  of  the  law  of  so  much  importance 
to  tlie  mercantile  community,  and  of  which  the  majority  are  so 
profoundly  ignorant,  as  the  Statute  of  Frauds.  Thousands  of  dollars 
are  annually  lost  by  merchants  through  the  effect  of  a  single  pro- 
vision requiring  a  promise  to  answer  the  debt,  default  or  miscar- 
riage of  another,  to  be  in  writing.     Thus  :  A.  visits  New  York  to 
purchase  goods  on  credit,  and  gives  the  name  of  B.,  a  responsible 
resident,  as   reference.     The  merchant  calls  upon  B.,  who  thus 
responds  to  his  inquiry :  "  I  think  A.  is  good  ;  let  him  have  all  he 
wants  ;  if  he  don't  pay,  I  will  ;  or  I  will  see  it  paid,"  etc.     On 
this  representation  the  goods  are  sold  and  charged  to  A.,  who 
afterward  becomes  insolvent;  the  merchant  is  remediless,  as  the 
promise  of  B.  was  to  answer  for  the  debt  of  another.     If,  however,  B. 
had  made  a  memorandum  of  his  statement  and  signed  it,  or  if  the 
merchant  had  charged  him  with  the  goods  and  looked  to  him  alone 
for  the  payment,  the  statute  would  have  been  comp^'ed  with  in  the 
first  instance,  or  evaded  in  the  second  by  making  the  guarantor  the 
original  debtor,  and  thus  required  to  answer  his  own  debt.     The 
books  .  are  filled  with  cases  in  reference  to  the  liability  of  the 
guarantor  under  this  section,  but,  in  general,  the  merchant's  only 
safeguard  is  to  make  a  memorandum  of  the  statement  and  ask  the 
guarantor  to  sign  it.  except  where  the  promise  or  guaranty  is  made 
at  the  time  of  the  creation  of  the  indebtedness,  in  which  case  the 
credit  must  be  given  solely  to  the  person  making  the  promise. 

Every  merchant  should  make  himself  thoroughly  conversant  with 
the  provisions  of  this  statute,  as  the  only  safeguard  against  future 
losses  or  vexatious  litigation.  The  enactments  in  the  several 
States  follow  the  same  general  plan.  To  save  space,  we  only  give 
the  English  and  New  York  statutes.  The  numbers,  "  1,"  "  2,"  etc., 
are  inserted  for  convenient  reference  in  comparing  the  different 
States,  but  are  not  included  in  the  text. 


5i0 


APPENDIX. 


English  Statutk— (Cak.  II,  Cap.  3). 

(No.  1.)  Skc.  4.  No  uction  sliall  be  brought  whereby  to  cliargo 
any  executor  or  adniiui.stnitor  upon  iiuy  special  promise  to  answer 
damages  out  of  liis  own  estate ;  or, 

(No.  2.)  2d.  Whereby  to  charge  tlie  defendant  \x\w\\  any  special 
promise  to  answer  for  the  debt,  default  or  miscarriage  of  another 
person ;  or, 

(No.  3.)  3d.  To  charge  any  person  upon  any  agreement  made 
upon  any  consideration  of  marriage  ;  or, 

(No.  4.)  4th.  Upon  any  contract  or  sale  of  lands,  tenements  or 
hereditaments,  or  any  interest  in  or  concerning  them ;  or, 

(No.  5.)  5th.  Upon  any  agreement  that  is  not  to  be  perfonned 
within  the  space  of  one  year  from  the  making  thereof. 

(No.  6.)  Unless  the  agreement  upon  wliich  such  action  sli.iU  bo 
broug!,'  or  some  note  or  memorandum  thereof  shall  be  in  writing 
and  signed  by  the  party  to  be  charged  therewith,  or  by  some  person 
thereunto  l)y  him  lawfully  authorized. 

(No.  7.)  :;5  1 7.  No  contract  for  the  sale  of  any  goods,  wares  and 
merchandises,  for  the  price  of  ten  pounds  sterling,  or  upward,  shall 
be  allowed  to  be  good,  except  tlie  buyer  shall  accept  part  of  tho 
goods  so  sold,  and  actually  receive  the  same  or  give  something  ia 
earnest  to  bind  the  bargain,  or  in  part  payment,  or  that  some 
memorandum  in  writing  of  the  said  bargain  be  made  and  signed 
by  the  parties  to  be  charged  by  such  contract  or  their  agents  there- 
unto laAvfully  authorized.  The  following  sections  having  been 
pasced  subsequent  to  the  Declaration  of  Independence  are  not 
included  in  the  American  common  law. 


(Geo.  IV,  Cap.  14.) 

(No.  8.)  §  5,  No  action  shall  be  maintained  whereby  to  charge 
any  person  upon  any  promise  made  after  full  age  to  pay  any  debt 
contracted  during  infancy,  or  upon  any  ratiiication  after  full  age  of 
any  promise  or  simple  contract  made  during  infancy  unless  such 
promise  or  ratification  shall  be  made  by  some  writing  signed  by 
the  party  to  be  charged  therewith. 

(No.  9.)  §  G.  No  action  shall  be  brought  whereby  to  charge  any 
person  upon  or  by  reason  of  any  rer  '-esentation  or  assurance  made 
or  given  concerning  or  relating  to  the  character,  conduct,  credit, 
ability,  trade  or  dealings  of  any  other  person  to  the  intent  or  pur- 
pose that  such  other  person  may  obtain  credit,  uioiiey  or  goods 


APPENDIX. 


641 


lupon,  unless  such  representation  or  assuranoe  be  made  in  writing, 
signed  by  the  party  to  bo  charged  therewith. 

Nkw  York  Statute. 
The  Statute  of  Frauds  adopted  by  tliis  State  simpIifleB  the  lan- 
guage, and  to  a  certain  extent  modifies  the  matter,  of  the  English 
statute.  Tlie  following  sections,  arranged  from  chapter  vii,  part  ii, 
of  the  llevised  Statutes,  contain  all  that  comes  properly  under  this 
subject. 

Title  I. 
(No.  1.)  §  8.  Every  contract  for  the  leasing  for  a  longer  period 
than  one  year,  or  f-ir  the  sale  of  any  lands,  or  any  interest  in  lands, 
shall  be  void,  unli->s  the  contract,  or  some  note  or  memorandum 
thereof  expressing  the  consideration,  be  in  writing,  and  be  sub- 
scribed by  the  party  by  whom  the  lease  or  sale  is  to  bo  made. 

TiTI.E  II. 

(No.  2.)  §  2.  In  the  following  cases  every  agreement  shall  be 
void  unless  such  agreement  or  some  note  or  memorandum  thereof 
*  e.vpr&'<si»(/  the  consideration  be  in  writing  and  subscribed  by  the 
party  to  be  charged  therewitli  : 

(No.  3.)  Ist.  Every  agreement  that  by  its  terms  is  not  to  bo 
performed  within  one  year  from  the  making  thereof. 

(No.  4.)  2d.  Every  special  promise  to  answer  for  the  debt,  default 
or  miscarriage  of  another  person. 

(No.  5.)  3d.  Every  agreement,  promise  or  undertaking  made 
upon  consideration  of  marriage,  except  mutual  promises  to  marry. 

(No.  6.)  §  3.  Eveiy  contract  for  the  sale  of  any  goods,  chattels 
or  things  in  action  for  the  price  of  $50  or  more  shall  be  void  ; 
unless, 

1st.  A  note  or  memorandum  of  such  contract  be  made  in  writing 
and  be  subscribed  by  the  parties  to  be  charged  thereby  ;  or, 

2d.  Unless  the  buyer  shall  accept  and  receive  part  of  such  goods, 
or  the  evidences,  or  some  of  them,  of  such  things  in  action;  or, 

3d.  Unless  the  buyer  shall  at  the  time  pay  some  part  of  tho 
purchase-money. 

§  4.  Whenever  goods  shall  be  sold  at  public  auction,  and  the 
auctioneer  shall,  at  the  time  of  the  sale,  enter  in  a  sale  book  a 

•The  words  "  expressing  the  conflderatton "  are  peculiar  to  the  States  of  New  York,  Call 
fomia,  Nevada  and  Oregon,  and  aro  not  included  in  tlie  citations  to  New  York  State. 


542 


APPENDIX. 


j\ 


•1  " 


hiii  + 


memoranatira  specifying  the  nature  and  price  of  the  property  sold 
the  teiTOs  of  tlie  sale,  the  name  of  the  purchaser  and  the  name  of 
the  person  on  whose  account  the  sale  is  made,  such  memorandum 
shall  be  deemed  a  note  of  the  contract  of  sale  within  the  meaninff 
of  the  last  section.  . 

Every  instrument  required  by  any  of  the  foregoing  provisions  to 
be  subscribed  by  any  party  may  by  subscribed  by  the  lawful  agent 
of  such  party. 

Alabama.— ^\m\\&x  to  New  York,  except  that  "  $50  "  in  «  No 
6  "is  changed  to  $30,  and  «  No.  9  "  of  English  statute  is  added. 
Arhansas.-^vm-A^t  to  New  York,  with  the  insertion  of  $30  in 
No.  6,"  as  above. 

Ca///bmm,— Copied  from  New  York. 

Co«nec««V»«.-Sub8tantially  like  New  York,  except  that  the 
amount  in  «'No.  G  "  is  changed  to  $35. 

-Oe^a^mm— The  statute  has  but  little  practical  effect  in  this  State 
^  FloTida.~'$>\mx\^x  in  effect  to  New  York,  except  that  the  provi- 
sion  in  "No.  6"  applies  to  all  contracts  for  the  sale  of  any  per- 
sonal property,  goods,  wares  or  merchandise. 

Georgia  is  governed  by  the  provisions  of  the  English  statutes. 
-/««no2s.— Same  in  effect  as  New  York. 
_    i"n<7/a«a.— Leases  for  three  years  or  under  are  not  required  to  be 
in  writing  ;  with  this  exception,  the  New  York  statutes  will  apply. 
No.  9     of  the  English  statute  is  also  adopted. 
loxoa  is  similar  to  New  York,  except  that  «No.  6"  applies  to 
all  sales  of  personal  property,  except  where  labor,  skill  or  money 
are  necessarily  to  be   expended    in  producing  or  procuring  such 
property.  <=>        i  t, 

^'^ntucky  has,  in  effect,  the  New  York  statute,  together  with 

No.  9     of  the  English  statute. 

JJ/ame.-Same  as  New  York,  except  that  the  amount  in  "No. 
6  18  hxed  at  $30,  and  adopts  in  addition  "  No.  9  "  of  the  Enelish 
statute.  ° 

Maryland  copies  the  English  biatutes. 

Massachmetts.—^wx^Q  in  effect  as  New  York,  adding  «  No.  9  »  of 
the  English  statute  and  the  folio »ving  section : 

No  promise  for  the  payment  of  any  debt  made  by  any  insolvent 
debtor,  who  has  obtained  his  discharge  from  said  debt  under  pro- 
ceedings in  bankruptcy  or  insolvency,  shall  be  evidence  of  a  new 
or  continuing  contract,  whereby  to  deprive  the  party  of  the  benefit 
of  relying  upon  such  discharge  in  bar  of  the  recovery  of  a  judg- 


»' 


APPENDIX. 


648 


menu',  upon  such  debt,  unless  such  promise  is  made  by  or  contained 
in  some  writing  signed  by  the  party  sought  to  be  charged,  or  by 
some  person  thereunto  by  him  lawfully  authorized. 

Michiijan. — Same  as  Kentucky. 

Minnesota. — Same  as  New  York. 

Mississippi.— S&me  as  New  York,  except  that  it  does  not  include 
"  No.  6." 

JfmoMn.— Similar  to  New  York,  except  the  amount  specified  in 
"  No.  6 "  is  changed  to  $30,  and  adding  No.  9  of  the  English 
statute. 

Nevada. — Copied  verbatim  from  New  York  statute. 

New  Hampshire. — Same  as  Maine,  except  that  the  amount  in 
"  No.  6  "  New  York  statute  is  changed  to  $3.3. 

New  Jersey/.— Same  as  the  original  English  statute,  except  that 
the  amount  in  "  No.  17  "  is  changed  to  $30.  This  does  not  include 
Nos.  "  8  "  and  "  9." 

North  Carolina. — Same  as  New  York,  except  that  leases  for 
three  years  may  be  in  parol,  and  "  No.  6  "  is  omitted. 

Ohio. — No  leasehold  interest  can  be  granted,  except  by  a  written 
contract  signed  by  the  party  to  be  charged  thereby;  with  this 
exception,  the  English  statute  is  in  full  practical  effect. 

Oreffon. — Same  as  New  York. 

Pennsylvania. — The  common  law  or  English  statute  applies  in 
this  State,  except  that  contracts,  the  consideration  of  which  shall 
be  a  less  sum  than  $20,  shall  not  come  within  the  effect  of  the 
statute. 

Ehode  Island.— The  New  York  statute  will  apply  in  this  State. 

South  Carolina. — Governed  by  the  English  statute,  including 
Nos.  "  8  "  and  "  9." 

Tennessee  and  Texas. — Same  in  effect  as  New  York. 

Vermont.— Same  as  Maine,  except  that  "  No.  6 "  is  changed  to 


Virginia.— Same  as  New  York,  adding  "No.  8"  and  "No.  9" 
English  statute. 

Wisconsin, — Similar  to  New  York. 


54i 


APPENDIX. 


KianiS  AND  DISABILITIES  OF  ALIENS. 


b~i 


As  the  cliaracter  and  objects  of  this  work  arc  to  a  cei  tin  extent 
international,  it  ii  deemet'  advisable  to  insert  a  brief  s\  (ioj)si8  of 
the  laws  pertaining  to  those  rights  and  disabilities  of  aliens,  in  the 
several  States,  peculiarly  affecting  commerce,  that  is,  in  relation  to 
the  acquisition  and  disposition  of  i)r()i)erty. 

At  the  time  of  our  separation  from  Great  Britain  we  inherited 
or  rather  adopted  their  system  of  laws,  which,  under  the  title  of 
common  law,  formed  the  basis  or  foundation  of  American  jurispni- 
dence,  and  still  governs,  except  where  the  same  may  be  modified  or 
changed  by  subsequent  legislation. 

By  the  common  law  an  alien  cannot  purchase  or  inherit  lands, 
and  as  he  is  incapable  of  iiilioriting,  so  he  cannot  be  inherited  from. 
Thus  A.,  a  citizen,  cam  i,  inherit  from  B.,  an  alien.  Neither  can  he 
inherit  from  C,  a  citizen,  through  B. 

Although  an  alien  is  prohibited  from  purchasing  lands,  yet  he 
may  by  purchase  or  devise  acquire  a  quasi  title,  which  is  good 
against  every  one  except  the  government,  and  he  may  hold  and 
enjoy  the  same  until  office  found ;  and  if  he  become  naturalized, 
or  the  government  grants  its  interest  therein  to  him  before  office 
found,  he  has  an  absolute  title.  But  if  he  should  die  intestate  in 
the  meantime,  the  land  escheats  at  once,  as  no  one  could  inherit 
from  him. 

Aliens  have,  at  common  law,  the  same  rights  in  respect  to  personal 
property  as  citizens.  So  an  alien  friend  may  maintain  a  personal, 
but  not  a  real  action.  Alien  enemies  h.ave  no  rights  whatever,  and 
their  property  is  lible  to  confiscation. 

The  general  tendency  of  legislation  in  this  country  seems  to  be 
in  favor  of  commercial  freedom.  In  many  States  there  is  a  com- 
plete abolition  of  all  laws  discriminating  between  citizens  and 
foreigners  in  respect  to  the  acquisition  or  disposition  of  property. 
In  Alabama,  aliens  are  not  only  under  the  common  law  restric- 
tions in  respect  to  real  estate,  but  are  prohibited  from  acquiring 
title  to  personal  property  by  descent.    In  Arkansas  and  Delaware, 


•i. 


APPENDIX 


046 


rmdent  ahena  who  ha„e  made  a  declaration  of  their  intention  to 
become  ntrzena;  ,n  Connecticut,  Indiana  an.l  New  Ifanipshin.,  all 
resident  aliens;  and  cUl  alien.,  by  th«  Iuwh  of  (.'alifornia,  FloH.la, 
^eorgia,  hno.s  Maine,  MnH«a«  husetts.  Mic-lugan,  Minnesota 
Nebraska  Ohio.  Oregon,  Pennnylvania,  Hl.o.l.  Inland,  South  Carol 
lina  and  W  isconmn,  may  take  by  purchase  or  inheritance,  hoM 
enjoy  and  dispose  of,  and  generally  have  the  same  rights  alul  lia! 
b.  .ties  ,„  respect  to  both  real  and  personal  property  as  natural  horn 

^rone.';'  TK  ''"  '"  '''''''''''''""  ''  '«  ^'""^'^      '•'  '^"-«.  to  tak 
property  by  descent,  must  file  their  claim  with!,,  rive  vo^rs  Worn 

the  death  of  the  mtestate,  and  that  in  Pennsylvania  the  a.nount  of 

real  .state  to  be  lawfully  owned  and  hel.l  .,y  an  alien  mu      not 

exm^d  m  amount  five  thousand  acres,  nor  in  value  twenty  thousand 

It  is  provided  by  the  laws  of  Iowa  that  resident  aliens  .'.dl  have 
a  the  nj,  .  of  citi/ens  in  respect  to  property,  and  that  non-resi- 
dent  aliens  ,„ay  purchase  real  estate  and  hold  the  same  for  ten 
years ;  they  mn;,  make  .  valid  conveyance  of  the  .ame  during  that 
penod,  l,„t  not  afterward.  All  aliens  may  acquire  real  estate  by 
.lovise  or  descent,  and  hold  or  convey  the  sa.ae  in  the  same  manner 
as  c  tizenn,  and  ndient  personal  property.  The  Revised  Statutes 
ot  this  State,  after  the  foregoing  provisions,  contain  the  following 
peculiarly  constructed  section :  ^ 

t»^r^L!'^  f\-^^\  "  '"'^'  P'''""'  ^"'"^  '^  "^'''^"  «^  t'""  State  at 
te  time  of  his  deco.M  .  nhall  have  made  a  will,  bequeathing  his 

piope.ty  to  a  oerson  who  at  the  time  of  making  such  bequest  was 
an  .tlHu  non-nsident,  who  subsequently  to  the  making  of  such 
bequest  becine  a  resident,  .uch  alien  shall  be  capable  In  law  of 
beconnng  a  d^nsee  of  such  .roperty,  as  well  as  if  he  was  a  resident 
ot  the  State  at  the  time  of  making  such  devi. 

In  the  State  of  Kentucky,  after  two  years  o.  residence,  an  alien 
acquires  all  the  rights  of  citizenship  in  res,H  ro  property  during 
the  continuation  of  his  residence.  ^     V    ^y  ^"'nng 

In  Maryland   resident  aliens  may  purchase,  hold  and  convey  real 

acq.,  itu  thereof  makem  due  ♦"orm  a  declaration  of  citizenship, 
and  also  become  naturalized  within  a  year  from  the  time  allowed 
by  law  or  that  purpose;  and  the  heir  of  anv  such  alien  may  inher 
his  i-eal  ^tate  by  complying  with  the  hove  provisioifs.  The 
statute  further  provides  that  any  alien  or  foreigner  may  take  a 
mortgage  on  Ian,  .  within  this  State  to  secure  the  payment  of  money 


ii  ■"»- 


646 


APPENDIX. 


I  St!, 


actually  lent,  and   cnforco  the  payment   thereof  the  same  as  a 
citizen. 

In  Missouri  and  Tennessee  it  is  provided  that  aliens  residing 
witliin  tile  United  States,  who  have  made  a  declaration  of  their 
intention  to  become  citizens,  and  any  resident  aliens  of  the  State, 
may  hold,  purchase  and  convey  property  in  the  same  manner  as 
citizens,  and  all  aliens  may  take  by  devise  or  descent,  provided  they 
dispose  of  the  property  in  good  faith  within  three  years  in  Missouri 
or  within  seven  years  in  Tennessee  from  the  death  of  the  intestate. 

By  the  laws  of  New  York  State,  resident  aliens,  who  shall  have 
duly  filed  a  declaration  of  their  intention  to  become  citizens,  inure 
to  all  the  rights  of  citizenship  in  respect  to  property,  and  every 
woman,  being  an  alien  resident,  may  take  property  by  devise,  and 
hold  the  same  in  fee.  The  heirs  of  any  renident  alien  who  shall 
have  died  intestate,  after  purchasing  real  estate  in  this  State,  may 
inherit  the  same  in  the  same  manner  as  if  the  decedent  was  a  citi- 
zen; but  if  such  heirs  are  male  aliens  of  full  age,  they  must  first 
file  in  due  form  the  required  declaration  of  citizenship. 

It  is  further  provided,  §i4,  page  57  of  the  Revised  Statutes,  that 
"  every  devise  of  any  interest  in  real  property  to  a  person  who,  at 
the  time  of  the  death  of  the  testator,  shall  be  an  alien,  not  authorized 
by  statute  to  hold  real  estate,  shall  be  void,"  etc.  It  has  been  held 
by  the  Court  of  Appeals  in  this  State  that  the  above  provision  does 
not  apply  to  children  unborn  at  the  time  of  the  death  of  the  testa- 
tor. Thus  where  A.  devised  real  estate  to  B.,  a  citizen,  residing  in 
Canada,  for  life,  the  remainder  over  to  her  children  who  were 
aliens,  the  statute  cuts  off  the  rights  of  the  children  born  before 
A.'s  death, but  after-born  children,  not  being  aliens  "at  the  time  of 
the  death  of  the  testator,"  do  not  come  within  the  provisions  of 
the  statute,  and  will  take  under  the  common  law,  subject  only  to 
the  rights  of  the  State  therein. 

In  Texas  an  alien  resident,  who  has  made  a  declaration  of  his 
intention  to  become  a  citizen,  may  acquire,  hold  and  convey  pro- 
perty in  the  same  manner  as  citizens.  And  any  alien  may  take  and 
hold  property  by  'evise  or  descent  in  this  State  in  the  same  man- 
ner in  which  citizens  of  the  United  States  may  acquire  and  hold 
real  and  personal  estate  in  the  country  of  such  alien. 

In  the  States  of  Virginia  and  West  Virginia,  resident  aliens  inure 
to  all  the  property,  rights  and  liabilities  of  citizens,  after  they  have 
made  the  proper  declaration  of  citizenship,  and  any  alien  may  take 
by  purchase,  devise  or  descent  real  estate  situated  in  this  State,  pro- 


tfs  ' 


»' 


APPENDIX. 


647 


vuIhI  ho  Hhall,  within  fivo  years  after  such  acquiHition,  ck-clare  on 
oath,  before  a  court  of  reeord  within  Hiieh  State,  that  lie  inten.ls  to 
rcHido  therein.  If  any  alien  holding  real  estate  Nhall,  before  ottico 
found,  become  naturalized,  or  sell  or  devise  the  same,  or  die  seized 
or  possessed  thereof,  such  person  himself  in  the  first  case,  and  in 
the  second  case  the  iturchaser,  lessee,  heir  or  devisee  froju  him,  if 
a  citizen  of  the  United  States,  may  hold  the  same  free  and  released 
from  any  right  or  claim  of  the  State  or  the  school  fund,  by  reason 
of  such  person  having  been  an  alien.  Wlien,  by  treaty,  citizens  of 
the  United  States  are  entitled  to  inherit,  purchase,  hold  and  convey 
real  property  lying  in  any  foreign  country,  the  citizens  of  such 
country  may  inherit,  purchase,  hold  and  convey  property  in  the 
States  of  Virginia  and  West  Virginia  during  the  time  i)rescribed 
by  such  treaty. 

The  provisions  of  the  common  law  in  reference  to  alien  enemies 
are  not  materially  changed  in  any  of  the  States.  The  above  provi- 
sions only  refer  to  citizens  of  a  country  at  peace  with  the  United 
States. 


648 


APPENDIX. 


THE  NEW  ENGLAND  "GRAB  LAW." 


f-t- 


We  invite  the  attention  of  parties  having  business  relations  with 
the  New  England  States  to  the  following  article  contributed  by 
E.  M.  Forbes,  Esq.,  our  law  correspondent  at  Winchester,  N.  11. 
This  peculiar  system  of  attachments  very  materially  affect  com- 
mercial interests,  and  should  be  understood  and  applied  in  forming 
a  basis  of  credit,  as  well  as  in  the  enforcement  of  matured  claims. 

Ed. 

The  law  of  priority  of  attachments  upon  mesne  process,  or  what 
is  conmionly  and  familiarly  known  as  the  "  New  England  Grab 
LaAV,"  is  a  system  peculiaii  to  a  few  States,  and  has  for  many  years 
endured  liie  ridicule  of  inhabitants  of  other  Stales.  Like  most 
laws,  it  has  its  good  and  its  bad  features  —  its  friends  and  its  ene- 
mies. To  most  of  us  who  have  for  many  years  lived  and  practiced 
under  this  system,  it  seems,  in  most  respects,  to  be  the  best  system 
that  can  be  devised. 

It  corlainly  prevents  many  people  from  defrauding  their  creditors 
who  could  easily  do  so  under  other  systems,  and  inculcates  in  the 
business  men  of  those  States  where  it  is  in  force  energy  and  prompt- 
ness in  the  payment  or  extension  of  t'loir  liabilities.  Under  this 
system  it  behooves  a  man  to  look  well  to  all  his  liabilities,  in  order 
til  at  he  may  not  be  broken  up  in  his  business,  and  tends  to  keep 
him  alert,  careful  and  prudent,  making  provision  and  arranging  in 
advance  for  the  payment  of  his  debts  as  they  become  due.  Thus 
in  many  cases  he  is  prevented  from  incurring  extravagant  expenses 
which  he  might  otherwise  do,  thereby  saving  the  sum  toward  de- 
fraying his  indebtedness.  To  this  salutary  check,  we  think,  may 
saloly  bo  traced  many  of  the  thrifty,  prudent,  cautious  habits 
which  characterize  New  Englanders  as  a  class,  and  which  have, 
among  more  favor jd  neighbors,  gained  them  the  reputation  of  being 
penurious. 

In  practice  under  this  law  the  securing  of  a  debt,  in  case  the 
debtor  has  sufficient  assets  which  are  not  exempted  from  attachment 


APPENDIX. 


549 


or  sale  on  execution,  is  a  very  simple  and  expeditious  process. 
The  original  writ  being  an  attachment  and  summons,  the  officer  to 
M'hom  it  is  directed,  by  proceeding  and  making  an  attachment,  at 
once  creates  a  lien  in  favor  of  the  creditor  upon  such  property  of 
the  debtor  as  he  sees  fit  to  lay  his  attachment  upon.  This  lien  is 
not  such  a  right  that  it  entirely  divests  the  rights  of  the  defend- 
ant in  the  suit,  but  it  merely  gives  the  plaintiff  some  certain  know- 
ledge that  whenever  he  shall  obtain  judgment  in  this  suit  that  there 
will  be  something  out  of  which  he  can  wholly  or  in  part  satisfy  the 
same.  In  the  case  of  personal  property,  if  movable,  the  sheriflp  or 
officer  at  once  takes  it  into  his  possession.  Bulky  articles  and  real 
estate  are  attached  by  a  copy,  with  a  proper  return  thereon,  left  at 
the  office  of  the  Clerk  of  Courts,  Register  of  Deeds  or  Town  Clerk, 
as  the  statute  of  that  particular  State  may  require. 

In  the  case  cf  property  which  the  officer  would  ordinarily  take 

into  his  own  possession  and  remove  the  same  from  the  premises 

of  the  defendant,  the  defendant  has  in  most  Scates  the  privilege 

of  furnishing  the  officer  making  the  attachment  a  receipt,  in  the 

nature  of  a  contract,  that  the  articles  so  attached,  or  .heir  value  in 

money,  shall  be  returned  to  the  officer  on  demand;  this  receipt  to 

be  signed   by  some   responsible  person,  and  in  this  manner  the 

defendant  may  retain  possession  and  have  the  use  of  the  property 

until  such  time  as  judgment  may  be  rendered,  or  the  officer  may 

see  some  occasion  for  demanding  the  return  of  the  property.     The 

attachment  of  personal   property  by  different  creditors,   through 

different  officers,  not  unfrequently  happens,  and  sometimes  causes 

much  strife  and  gives  rise  to  long,  tedious  litigation  before  the 

rights  of  all  parties  are  finally  sol  tied,  and  in  the  end  there  is  but 

little  left  to  pay  the  debts  Avith.     I  distinctly  recollect  an  instance 

of  tliis  nature,  occurring  many  years  since,  in  which  I  was  counsel 

for  a  number  of  the  creditors.     A  manufnturing  firm,   doing  a 

largt'   business,  •  failed,    having   outsta.ding  a   large   amount  of 

indebtedness,  and,  of   course,  under  our  attachment  system,  the 

creditors  must  grab  all  they  could,  each  one  bound  to  look  out  for 

himself  and  intending  to  let  that  sombre  gentleman  who  luxuriates 

in  sulphurous  fumes  take  the  one  who  was  left  in  the  rear. 

Two  or  three  deputy  sheriffs  were  sent  for,  and,  armed  with  the 
necessary  authority,  each  endeavored  to  be  first  and  to  have  his 
batch  of  claims  secured.  The  larger  portion  of  the  defendant's 
property  was  in  a  building  by  itself,  and  two  officers,  by  their 
returns,  claimed  to  have  attached  the  whole  of  this  property,  each 


550 


APPENDIX. 


claiming  thfit  lie  was  first,  and  that  his  attacliment  was  valid.  The 
result  was  that,  after  keeping  the  cases  in  court  several  years,  when 
the  decision  as  to  the  rights  of  the  sheriif  was  made  there  was  but 
a  small  percentage  left  to  the  creditors  whose  officer  had  really 
made  the  successful  attachment;  probably  if  the  property  could 
have  been  sold  Avithout  incurring  too  great  an  expense,  there  would 
have  been  realized  nearly  enough  to  have  paid  the  creditors.  These 
cases,  I  am  happy  to  say,  are  rare  where  there  is  so  long  and  tedious 
a  litigation  as  in  the  one  referred  to,  and  have  now  to  be  numbered 
among  the  things  that  were,  and  are  not.  The  bankrupt  act  has 
provided  a  method,  which  is  usually  adopted,  of  cutting  the  knot, 
forcing  the  debtor  into  insolvency  and  distributing  so  much  of  his 
assets  as  the  assignee  can  spare  among  the  creditors. 

In  the  event  of  an  attachment  of  property  liable  to  perish,  waste 
or  greatly  depreciate  in  value,  both  debtor  and  creditor  are  in  most 
States  provided  with  the  means  of  preventing  such  loss,  as  the 
statutes  provide  for  an  appointment,  upon  petition  of  either  party, 
of  examiners,  and  a  sale  of  property  before  judgment  ;  the  pro- 
ceeds being  retained  in  the  hands  of  the  officer  until  judgment  is 
rendered.     Otherwise  the  officer  keeps  charge  of  the  property  until 
judgment  is  rendered,  and  then  the  court  issues  a  writ  of  execution 
which  tlie  officer  levies  upon  the  property  which  is  attached  on  the 
writ,  or  any  other  property  of  the  defendant  which  he  may  find. 
This  is  much  better  than  in  some  States  where  there  is  no  way  for 
a  creditor  to  secure  a  lien  on  the  debtor's  property,  except  he  may 
be  able  to  make  affidavit  to  certain  classes  of  facts  prescribed  by 
statute,  and  must,  if  he  cannot  make  this  affidavit,  wait  until  he  can 
obtain  a  judgment  before  he  can  get  hold  of  any  security  for  his 
claim.     In  the  meantime  the  debtor  m;iy  by  some  necromancy,  well 
understood  by  debtors  and  a  certain  class  of  unsorupiilous  attorneys, 
become  "  poor,"  and  the  creditor  find  that  hia  judgment  is  worth- 
less. 

The  attachment  law  gives  foreign  creditors  equal  chances  with 
home  creditors,  so  far  as  they  see  fit  to  avail  themselves  of  them. 
All  they  have  to  do  is  to  use  caution  and  watch  their  debtor's  con- 
dition, which  we  think  as  a  general  thing  they  do,  and  as  seldom 
lose  anything  under  this  system  us  any  other.  Of  course  it  gives 
the  careful,  watchful,  alert  creditor  the  advantage  over  those  who 
are  slothful  and  negligent.  And  the  active,  prompt  business  man 
is  the  one  who  is  entitled  to  and  generally  conquers  a  success  in 
business  under  any  circumstance. 


»" 


APPENDIX. 


651 


Under  the  "grab"  law  there  is  no  way  for  a  debtor  to  so  assign 
his  property  as  to  discharge  himself  from  future  liability ;  but 
should  he  place  all  his  assets  in  the  hands  of  an  assignee  or  trustee 
for  the  benefit  of  creditors,  they  might  still  attach  upon  their 
unpaid  balance  of  claim  any  property  the  debtor  might  afterward 
acquire,  until  such  time  as  their  suit  was  barred  by  the  statute  of 
limitations.  This  feature  has,  perhaps,  been  the  worst  of  the  sys- 
tem, except  the  fact  that  any  one  could  commence  a  suit  against 
a  person  out  of  revenge  and  for  malicious  purposes  (except  such 
cases  as  are  prevented  by  statute),  cause  property  to  be  attached 
and  really  injure  a  man  very  much,  when  the  plaintiff  was  in  no 
way  responsible  to  the  injured  party  by  reason  of  being  one  of  that 
independent  class  who  have  not,  neither  do  they  wish  or  expect,  any 
property. 


li 


552 


APPENDIX. 


ADDITIONAL  NAMES  AND  TESTIMONIALS. 


ALABAMA. 


COXJRTL AND  — Lawrence  County. 
E.  H.  Foster, 

The  State  op  Alajjama,  | 
Lawrence  County.        \ 

I,  James  H.  McDonald,  Judge  of  the  Court  of  Probate  of  said 
county,  hereby  certify  that  I  am  well  acquainted  with  E.  H,  Foster, 
E8<|.,  a  resident  of  the  town  of  Courtland,  in  said  county,  who  is 
engaged  in  the  practice  of  law  in  all  the  courts  of  this  county,  dis- 
trict and  State.  His  practice  in  the  Probate  Court  of  this  county 
for  a  number  of  years,  which  has  been  equal  to  that  of  any  other 
attorney,  together  with  my  observation  of  his  management  of  his 
extensive  legal  business  in  the  various  courts  of  our  county,  fully 
justify  me  in  saying  that  he  is  prompt  and  efficient  in  the  discharge 
of  professional  duties,  and  that  he  is  a  gentleman  in  every  way 
meriting  confidence,  and  has  uniformly  maintained  a  position  of 
high  standing  among  t|tie  legal  fraternity. 

Given  under  my  hand,  at  office  in  Moulton,  this  9th  day  of  June 
1873.  ^  ' 

J.  H.  McDonald,  Jtid^e  of  Prolate. 


r 


MOULTON  — Lawrence  County. 
W.  r.  ChUwood. 

Moulton,  Ala.,  June  9,  1873. 
I  certify  that  W.  P.  Chitv/ood,  a  practicing  kwyer  of  this  place, 
is  of  good  reputation  and  standing  in  his  profession. 

Truly, 

J.  H.  McDonald, 

Jtidffe  of  Probate  Court  of  Laicrence  County ,  Ala 


APPENDIX. 
ARKANSAS. 


553 


GAINESVILLE  — Greene  County. 

B.  II,  Crowley y  late  member  of  Legislature  ( I*.  O.,  Crowley, 
Ark.). 

References :  Elisha  Baxter,  Governor  of  Arkansao ;  Logan  H. 
Roots,  ex  Member  of  Congress  from  First  Congreasionsl  District  of 
Arkansas,  and  now  President  -':  National  Bank  of  Arkansas,  at 
Little  Rock;  also,  Senator  Ratcliffe,  of  Pocahontas,  Ark.  ;  present 
Member  of  Congress  W.  J.  Hynes,  State  at  Large,  and  Lucian  C. 
Ganse,  First  District. 

RORIDO  —  La  Fayette  County. 
S,  S.  Johnson. 

The  State  op  Arkansas,  ) 
County  of  La  Fayette,     \ 

This  is  to  certify  that  H.  S.  Johnson  is  an  attorney  at  law,  in 
good  standing  as  such,  and  regularly  engaged  in  the  practice  of 
his  profession. 

Lewis VII LB,  June  10,  18T3. 

M.  O.  KENT, 

Judge  Thirteenth  Cmuut,  IState  of  Arkansas. 


(ALIFORNLV. 

LOS  ANGELOS  — Los  Angelos  County. 
Samuel  Hamilton, 


GEORGIA. 

BLACKSHEAR- Pierce  County, 
Simon  W.  Hiteh. 

Georgia,       \ 

Pierce  Count//,  j 

I,  A.  M.  M<,ore  Mayor  of  the  tOAvn  of  Blackshear  and  Judge  of 
the  Cor])oration  Court  for  said  county,  do  hereby  certify  "that 
Simon  W.  Hitch  i^  an  attorney  ut  law,  of  good  professional  stand- 


V,i:;^AS: 


554 


APPENDIX. 


ing  in  the  State  of  Georgia,  and  that  he  is  the  Statj  Counsel  or 
Solicitor-General  of  the  Brunswick  Circuit,  composed  of  the 
counties  of  Appling,  Coffee,  Clinch,  Charlton,  Camden,  Elysian, 
Liberty,  Mcintosh,  Pierce,  Ware  and  Wayne,  by  appointment  of 
His  Excellency  James  M.  Smith,  Governor,  with  the  confirmation 
of  the  Senate  of  Georgia. 

Witness  my  hand  and  official  signature  this  June  8th, 
[i-  8.]       1873. 

A.  M.  MOORE,  Mayor,  etc. 

CARTBRSVUiLE  — Barton  Coirnty. 
Hobt.  W,  Murphy. 

Dalton,  Ga.,  June,  1873. 
lb  the  International  Merchants'  Protective  law  Association,  JVo. 
74  State  street,  Albany,  N.  Y.: 

The  undersigned  hereby  certifies  that  he  is  personally  acquainted 
with  Robert  W.  Mui^hy,  attorney  at  law,  at  Cartersville,  Ga.  But 
this  acquoijilince  has  existed  only  for  a  short  period.  Mr.  Mur- 
phy's character  and  capacity  is  good,  and  judging  from  all  I  know 
of  him  and  of  his  character,  I  ch(>evfully  state  that  I  believe  that 
he  will  attend  with  fidelity  and  promptness  to  all  business  intrusted 
to  him. 

C.  D.  McCUTCHEN, 

Jmlffe  of  St(2)erior  Courts  of  Cherokee  Circuit,  State  of  Ga. 


ILLINOIS. 

JONESBOROUGH  — Union  County. 
Jachson  Friek. 


INDIANA. 

COR YDON  — Harrison  County. 
Geo.  W.  fielf. 


APPENDIX. 


w  **  m/ 

509 


CRAWFORDSVILLE  — Montgomery  County. 
Thomas  <£•  Thomas, 

To  xchom  it  may  concern : 

Messes.  Thomas  &  Thomas,  attorneys  of  this  city,  will  faithfully 
and  promptly  attend  to  all  business  intrusted  to  their  care. 

P.  WASSON,  Cashier  First  National  Bank. 

Cbawfobdsvillb,  Ind.,  June  6,  1873. 


IOWA. 


COR YDON  — Wayne  County. 
Freeland  &  Clark. 

CoRYDON,  January  8,  1873. 
We  take  pleasure  in  recommending  Messrs.  Freeland  &  Clark  as 
able  and  responsible  attorneys. 

OCOBOCK  BROTHERS,  Bankers. 

CEDAR  RAPIDS  — Linn  County. 
JR.  JET.  GiUmore, 


KANSAS. 

FORT  SCOTT  — Bourbon  County. 
Eugene  Ware. 

Fort  S-ott,  Kac,  June  26,  1873. 
We,  the   undersigned,   hereb}   c*     ,.v  that  we   are  personally 
acquaint *'d  with  Eugena  Ware,  attoruuy  at  law,  at  Fort  hcott,  and 
cheerfully  rooommoiid  him. 

C.  II.  OSBERN,  Asst.   Cashier  First  Nat.  Bank. 
CHAS,  \X.  BLAIR,  Jud(,e  Sixth  Jud.  Dist.,  Kan. 


556 


APPENDIX. 
SALINA  —  Saline  County. 


John  Foster, 

Salina,  Kansas,  June  24,  1873. 
For  integrity,  professional  honor  and  ability  I  most  earneHtly 
r-jcommend  and  indorse  John  Foster,  Esq.,  of  this  place. 

JOHN  H.  PRESCOTT, 
Judffe  Fourteenth  Jud.  Dist.,  State  of  Kansas. 

We  consider  John  Foster,  Esq.,  a  good  and  prompt  attorney. 

JOHN  GRIS  &  CO., 

Bankers,  Salina,  Kan. 


MINNESOTA. 

BEAVER  FALLS— RenviUe  County. 
John  31,  Uorman  (Court  Commissioner  and  City  Attorney). 

Office  of  Judge  op  Puoiute,  Rkxville  County,  [ 
Beavek  Falls,  Minn.,  June  13,  1873.  \ 

To  xohotn  it  may  concern : 

I  have  been  acquainted  with  John  M.  Dorman,  Esq.,  for  some 
years,  and  I  fu'ly  recommend  him  as  responsible  and  qualified  to 
undertake  any  legal  business  intrusted  to  him.  Mr.  Dormaii  is 
prompt  and  faithful  as  an  attorney  in  the  interest  of  his  clients. 

MOSES  LITTLE,  Judue  of  Prolate. 

We  cordially  indorse  the  above. 

IIERRIC  BRO'S,  Hardware  Ilcrchants 
and  General  Dealers  hi  Affrictdtural  Implements. 
Dated  Beaver  Falls,  Minn.,  Jime  13,  1873. 


MINNEAPOLIS 
J.  Guilford. 


Hennepin  County. 


MISSOURI. 

BUCKLIN  —  Linn  County^ 
Thos.  Whitaker. 


APPENDIX. 
PENNSYLVANIA. 


657 


SCRANTON  — Luzerne  County. 
A»  H,  Wlnton. 

ScuANTON,  Pa.,  June  11,  18^.1. 
I  cortify  that  A.  IF.  Wiiiton,  Esq.,  is  one  of  tlio  loading  attoriioyM 
of  tiuB  city,  and  is  in  all  rospoctB  reliable  and  truHtworthy. 

E.  It.  MILLS, 
Cashier  of  the  Second  Nat.  Bank  of  Scranton,  Pa. 


CANADA  — PROVINCE  OF  ONTARIO. 

ST.  THOMAS  — Elgin  County. 
John  Farley. 

St.  Thomas,  Ontario,  June  2(J,  1873. 
S,  F.  Rnkelanp,  Esq.,  Managing  Attorney: 

Siu. — From  a  perHonal  and  jjrofeasional  acquaintance  of  John 
Farley,  barrister  and  attorney,  for  several  years,  I  have  no  hesita- 
tion in  recommending  liim  as  a  professional  gentleman  to  whom 
business  may  safely  be  intrusted,  as  ho  is  in  all  respects  an  honor- 
able man. 

TIIOS.  BLAKENEY,  Manager  Molaon'a  Bank. 


INDEX. 


m 


Paoi. 
PREFACE g 

MEMBEllSIIIP    5 

TERMS  FOR  COLLECTIONS g 

LAWS    AFFECTING    COMMERCE  — THE    STATES,    TERRITO- 
RIES AND  PROVINCES -ARRANGED  ALPHABETICALLY..      9 
NAMES   OF   PLACES   REPRESENTED   BY   ATTORNEYS,   AR- 
RANGED ALPHABETICALLY  IN  EACH  STATE  AND  TER- 
RITORY, AND  DOMINION  OF  CANADA 14,  552 

DOMINION  OF  CANADA: 

NEW  BRUNSWICK,  PROVINCE  OF 455 

NEW  FOUNDLAND,  PROVINCE  OF 407 

NOVA  SCOTIA,  PROVINCE  OF 408 

ONTARIO,  PROVINCE  OF 475 

PRINCE  EDWARD  ISLAND,  PROVINCE  OF 500 

QUEBEC,  PROVINCE  OF 503 

APPENDIX: 

ADDITIONAL  NAMES  AND  TESTIMONIALS 553 

ACKNOWLEDGMENTS,  FORMS  OF 507 

ALIENS,  RIGHTS  AND  DISABILITIES  OF 544 

FRAUDS,  STATUTE  OF 539 

"  GRAB  LAW  "  OF  NEW  ENGLAND 543 


Irii.  1 


PARKER  &  HERRICK, 

»aoo«iiHor«  to  ^V.  O.  LIXTLK  -Sc  CO.  as  Publi«hc<r»  of  tho 

LA^    o^LANKS 

T^'lEPAKED    BY   HoN.    NATHANIEL  C.    MOAK, 

District  At        oy  of  Alliany  County,  Editor  EtiRllBh  UiM,„rtH  and  ClttrkeV  Now  York  Chancery 

KcportB,  M  Kdltlon,  wIioka  n,  kuowlcV'il  «l>lllty  and  experience  commund 

the  conHdunce  of  tho  Legal  I'rofegilon. 

These  are  the  only  Blanks  published  in  the  State  that 
are  correct  as  to  form. 

It  is  tho  intention         oth  Autlior  and  Publishers  to  keep  tliese 

m,      "r  *^  ^'''^  *""^''''  '"''^  ^^^^^  them  as  n-uly  perfect  as  possible. 

liiey  hiive  been  prepared  with  more  c;u.    than  any  heretofore 

issued,  and  are  all  printed  on  extra  I    ivy  Legal  Cap  Paper  in  a 

uniform  style.  "        o  t-       t- 

We  have  constantly  on  hand  Blanks  for 

Conveyancingj 

Supijlementary  Proceedings, 
County  Court, 

Supreme  Court, 
Justices,  Sheriffs, 

Sale  of  Infants'  Real  Estate, 

Highway  Commissioners, 

Excise  Commissioners, 

And  many  others  of  a  miscellaneous  character  not  covered  by  the 
above  general  classifications. 

tar  SENT   PREPAID    ON   RECEIPT   OP   PRICE. 

Blanks  on  Folio  Post  Paper $i  25 

Blanks  on  Legal  Cap  Paper ."..*.        75 

Special    Rates   given   to   Whiolesale    Dealers,   and   those 
Purchasing  in  Large  Quantities. 


PARKER  &  HERRICK, 


PUllI.IHHKnS   ANU  DKAl.KUS   IN 

AW  Blanks 


LAWpoOKS  AN 


D  L/. 


ALBANY,  N.  Y. 


We  have  ample  facilities  lor  supplying  any  books  in  the  market  on  the  best 
possible  terms,  at  short  notice. 

Particular  attention  given  to  supplying  Continuations  op  Sets  in  Libha- 
niES,  promptly,  at  reasonable  rates. 

Second-hand  Books  Bought  and  Sold. 
CAsxi  cusTOBfiERs  e:sx>e:cxa.x.]:.y  invited. 

WH   HAVH  constantly   ON  HAND 

lawyers'  |6|ljlm,  uiw  aai  m^uni  jIyIi,  |e(iprj,  J[iy  |QQk|. 

TOWN  AND  COUNTY  RECORD  BOOKS  MADE  TO  ORDER 
IN  THE  BEST  MANNER. 

ETSUBSCBIPTIONS  TAKEN  FOB  THE   LEADING  PERIODICALS. 

Authors  of  Law  Books  liberally  dealt  with. 

STAmONERY    OK   AXiiX.   KINDS   SUPPLIED. 


AVERY    HERRICK, 

PLAIN   AND    FANCY 

JOB    PEINTEE, 

4r96     BI^O-A.ID  ^W  ^  Y, 


